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STATE v. MONTOUR

No. C2-85-2318.

392 N.W.2d 576 (1986)

STATE of Minnesota, Respondent, v. Arthur Henry MONTOUR, Appellant.

Court of Appeals of Minnesota.

Review Denied October 22, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Rebecca Howes Hamblin, Asst. Sp. Atty. Gen., St. Paul, Stephen C. Rathke, Crow Wing Co. Atty., Brainerd, for respondent.

C. Paul Jones, Public Defender, Anne McDiarmid, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by FOLEY, P.J., and HUSPENI and CRIPPEN, JJ., with oral argument waived.

MEMORANDUM OPINION

CRIPPEN, Judge.

I.

Appellant Arthur Henry Montour was convicted of driving under the influence of alcohol, aggravated because of a prior DWI offense.

On appeal he contends only that the evidence is insufficient to prove that he had been driving. Appellant and his wife were involved in a one-car accident on January 22, 1985, when the car in which they were traveling missed a curve and went into the ditch. Testing of appellant...

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