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STATE v. NELSON

No. C5-86-1092.

399 N.W.2d 629 (1987)

STATE of Minnesota, Appellant, v. Gary Lee NELSON, Respondent/Cross Appellant.

Court of Appeals of Minnesota.

January 27, 1987.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, David Wexler, Asst. City Atty., City of Columbia Heights, Columbia Heights, for appellant.

Theodore K. Abe, Minneapolis, for respondent/cross appellant.

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

OPINION

FOLEY, Judge.

Respondent Gary Lee Nelson was charged with driving while under the influence and alcohol concentration of .10 or more. A pretrial hearing based on stipulated facts was held before the first trial judge on March 26, 1986. The motion to suppress respondent's breath test results on the ground that the observation period preceding the test was inadequate was granted. From that order, the State has taken this appeal.

On June 25...

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