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STATE v. DeGIER

No. C3-85-1856.

387 N.W.2d 227 (1986)

STATE of Minnesota, Respondent, v. Gregory Alan DeGIER, Appellant.

Court of Appeals of Minnesota.

May 20, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Joel A. Watne, Sp. Asst. Atty. Gen., St. Paul, for respondent.

James F. Nelson, Pope Co. Atty., Jeffrey D. Kuhn, Asst. Co. Atty., Glenwood, Dewey M. Nelson, Alexandria, for appellant.

Heard, considered, and decided by WOZNIAK, P.J., and HUSPENI and RANDALL, JJ.

OPINION

RANDALL, Judge.

Gregory DeGier appeals from his September 24, 1985, judgment of conviction for driving under the influence, Minn.Stat. § 169.121, subds. 1(a), (d); 3(a) (1984) (second conviction in five years). At the probable cause hearing, appellant moved the court to suppress the results of his breath test as well as statements made by appellant to the officer after the officer read him the Miranda warning. The court denied his motion...

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