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STATE v. STOTESBERY

No. C9-83-1520.

360 N.W.2d 678 (1985)

STATE of Minnesota, City of La Crescent, Respondent, v. Bruce Allan STOTESBERY, Appellant.

Court of Appeals of Minnesota.

January 22, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Linda F. Close, Sp. Asst. Atty. Gen., St. Paul, William V. Von Arx, LaCrescent City Atty., Caledonia, for respondent.

Ross A. Phelps, La Crescent, for appellant.

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

SUMMARY OPINION

PARKER, Judge.

Following a jury trial on August 2, 1983, appellant was convicted of D.W.I. under Minn.Stat. § 169.121, subd. 1(d) (1982). On appeal he claims that the Commissioner of Public Safety failed to promulgate standards for the nurse who drew a blood sample from him. We affirm.

DECISION

Appellant's contention was specifically addressed in Ouimby v. State...

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