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STATE v. BERKELMAN

No. C9-83-559.

355 N.W.2d 394 (1984)

STATE of Minnesota, Respondent, v. James Phillip BERKELMAN, Appellant.

Supreme Court of Minnesota.

September 21, 1984.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Ann Remington, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Alan Mitchell, St. Louis County Atty., Duluth, for respondent.

Considered and decided by the court en banc without oral argument.

AMDAHL, Chief Justice.

Defendant was found guilty by a district court jury of the gross misdemeanor offense of driving with a blood alcohol concentration of .10 or more within 5 years of a prior conviction under the DWI statute,1 and was sentenced by the trial court to 6 months in jail, with execution of the term stayed pending appeal. On appeal, defendant argues that the trial court erred in admitting evidence of his prior conviction...

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