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STATE v. MUHLENHARDT

No. C1-86-1607.

403 N.W.2d 638 (1987)

STATE of Minnesota, Petitioner, Appellant, v. Walter C. MUHLENHARDT, Respondent.

Supreme Court of Minnesota.

April 10, 1987.

Attorney(s) appearing for the Case

James A. Terwedo, Scott Co. Atty., Clifford G. McCann, Thomas J. Harbinson, Asst. Scott Co. Attys., Shakopee, for appellant.

Kingsley D. Holman, Bloomington, for respondent.

Considered and decided by the court en banc without oral argument.

AMDAHL, Chief Justice.

We granted the state's petition for review in order to decide whether the Court of Appeals erroneously reversed the trial court's decision revoking the probation of Walter C. Muhlenhardt for aggravated DWI. Our examination of the record convinces us that the Court of Appeals erred in substituting its findings for those of the trial court and that the trial court justifiably revoked probation. Accordingly, we reverse the Court of Appeals and...

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