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STATE v. HOESE

No. C5-84-1394.

359 N.W.2d 334 (1984)

STATE of Minnesota, Appellant, v. Donald Henry HOESE, Respondent.

Court of Appeals of Minnesota.

December 18, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., State of Minnesota, St. Paul, Gaylord A. Saetre, Todd County Atty., Thomas H. Sellnow, Asst. County Atty., Long Prairie, for appellant.

Kirk R. Olson, Long Prairie, for respondent.

Considered and decided by POPOVICH, C.J., and LESLIE, and NIERENGARTEN, JJ., with oral argument waived.

OPINION

LESLIE, Judge.

This is an appeal by the State of a pretrial order of the district court dismissing charges against respondent Donald Hoese for violating Minn.Stat. § 169.129 (Supp. 1983). Under this statute, respondent was charged with driving while under the influence of alcohol while driving privileges were revoked for violation of D.W.I. laws. We reverse and remand for trial.

FACTS

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