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STATE v. SCHMITZ

No. CX-85-137.

369 N.W.2d 579 (1985)

STATE of Minnesota, Respondent, v. Russell Lee SCHMITZ, Appellant.

Court of Appeals of Minnesota.

June 25, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, William H. Dolan, Meeker Co. Atty., W. Edward Myers, Asst. Co. Atty., Litchfield, for respondent.

Robert D. Schaps, Litchfield, for appellant.

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

OPINION

POPOVICH, Chief Judge.

Appellant Russell Lee Schmitz was convicted of gross misdemeanor DWI, Minn. Stat. § 169.121, subds. 1(a), 3(a) (1982) after a court trial. Appellant claims he was unlawfully stopped. We affirm.

FACTS

On September 17, 1983 about 7:15 p.m., Litchfield City police officer Greg Dannenbring was approached by two people in their mid-30's who stated they had just seen a brown van and a white car racing on County...

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