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STATE v. WICKERN

No. C6-87-625.

411 N.W.2d 597 (1987)

STATE of Minnesota, Appellant, v. Michael William WICKERN, Respondent.

Court of Appeals of Minnesota.

September 8, 1987.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Donald A. Wirries, Twin Valley City Atty., Moorhead, for appellant.

Mark R. Hellerud, Hellerud and Larson, Ada, for respondent.

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

OPINION

FORSBERG, Judge.

The State of Minnesota appeals from a pre-trial order suppressing the results of an Intoxilyzer 5000 breath test in a prosecution for violation of Minn.Stat. § 169.121, subds. 1(a), (d), and (e) (Supp.1985). We reverse and remand for trial.

FACTS

Respondent Michael William Wickern was arrested at approximately 2:00 a.m. on June 28, 1986, and charged with violating...

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