STATE v. NEWGARD

No. C7-85-2329.

392 N.W.2d 27 (1986)

STATE of Minnesota, Respondent, v. Curtis Leroy NEWGARD, Appellant.

Court of Appeals of Minnesota.

August 12, 1986.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Rebecca Howes Hamblin, Sp. Asst. Atty. Gen., St. Paul, John C. Hoffman, Mille Lacs Co. Atty., Walter Kaminsky, Asst. Co. Atty., Milaca, for respondent.

Kristafer E. Skjervold, Skjervold Law Office, Shorewood, for appellant.

Heard, considered, and decided by SEDGWICK, P.J., and FORSBERG and LESLIE, JJ.


OPINION

LESLIE, Judge.

Appellant Curtis Leroy Newgard was found guilty of driving while his blood alcohol content was .10 or more in violation of Minn.Stat. § 169.121, subd. 3(a) (1984), having been convicted of a similar offense within five years. The trial court denied appellant's motion to dismiss the case on grounds that the State violated his fourth amendment rights by relying on an anonymous tip. We affirm.

FACTS

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