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STATE v. WATERSTON

No. C3-85-240.

371 N.W.2d 650 (1985)

STATE of Minnesota, Respondent, v. Bruce WATERSTON, Appellant.

Court of Appeals of Minnesota.

July 30, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Minnesota Atty. Gen., St. Paul, Michael McCauley, City Atty., Deborah M. Juhl, Asst. City Atty., Mankato, for respondent.

James J. Hulwi, Jr., Mankato, for appellant.

Considered and decided by POPOVICH, C.J., and PARKER and CRIPPEN, JJ., with oral argument waived.

OPINION

CRIPPEN, Judge.

Following a non-jury trial, appellant was convicted of driving under the influence of alcohol, Minn.Stat. § 169.121, subd. 1(a) (1984). On appeal, he contends the finding of guilt was not sufficiently supported by the evidence, and that the conviction should be dismissed because an officer refused to test his blood alcohol concentration. We affirm.

FACTS

Appellant Bruce Waterston was arrested after a one-car...

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