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STATE v. MILLER

No. C4-83-1974.

352 N.W.2d 524 (1984)

STATE of Minnesota, Respondent, v. William John MILLER, Appellant.

Court of Appeals of Minnesota.

August 7, 1984.

Attorney(s) appearing for the Case

George O. Ludcke, Minneapolis, for respondent.

F. Patrick McGrath, St. Paul, for appellant.

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

OPINION

NIERENGARTEN, Judge.

This is an appeal of a DWI conviction for being in physical control of a vehicle while under the influence of alcohol and with an alcohol concentration of .10 or more, in violation of Minn.Stat. § 169.121, subd. 1(a) and (d) (1982). Appellant William Miller claims the arrest was invalid because the offense was not committed in the officer's presence. He further claims the trial court erroneously granted the state's motion...

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