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STATE v. MARINER

No. C3-84-1460.

366 N.W.2d 376 (1985)

STATE of Minnesota, Respondent, v. Willis J. MARINER, Appellant.

Court of Appeals of Minnesota.

Review Denied July 11, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, James E. O'Neill, Pipestone County Atty., Timothy K. Anderson, Asst. County Atty., Pipestone, for respondent.

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

Considered and decided by POPOVICH, C.J., and LANSING and HUSPENI, JJ., with oral argument waived.

SUMMARY OPINION

LANSING, Judge.

FACTS

Appellant Willis Mariner was convicted of gross misdemeanor DWI in violation of Minn.Stat. § 169.121, subds. 1(a) and 3(a) (Supp.1983). The State's witness, Ruth Fox, testified that on September 28, 1983, a white pickup truck was driven into her farmyard in a zig-zag manner. She testified that she saw Mariner get out of the truck and get back in and that she talked to him. She said Mariner was alone and...

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