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STATE v. BREEDEN

No. C0-85-1149.

374 N.W.2d 560 (1985)

STATE of Minnesota, Appellant, v. Raymond Thomas BREEDEN, Respondent.

Court of Appeals of Minnesota.

October 1, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Edward P. Starr, St. Paul City Atty., Michael F. Driscoll, Asst. City Atty., St. Paul, for appellant.

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

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

OPINION

SEDGWICK, Judge.

The State appeals from a pretrial order suppressing admission of a videotape made of Thomas Breeden after his arrest for DWI. The trial court found that Breeden's right to counsel was violated and that the probative value of the videotape was substantially outweighed by the danger of unfair prejudice. We affirm in part, reverse in part and remand with instructions.

FACTS

On Saturday, January 28, 1984, St. Paul Police...

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