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STATE v. CLEPPER

No. C3-86-1088.

399 N.W.2d 574 (1987)

STATE of Minnesota, Respondent, v. Jerome Thomas CLEPPER, Appellant.

Court of Appeals of Minnesota.

January 20, 1987.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, James T. Reuter, Chisago Co. Atty., Scott A. Hersey, Asst. Chisago Co. Atty., Center City, for respondent.

C. Paul Jones, State Public Defender, Susan K. Maki, Asst. State Public Defender, Minneapolis, for appellant.

Considered and decided by RANDALL, P.J., and FOLEY, and WOZNIAK, JJ., with oral argument waived.

MEMORANDUM OPINION

WOZNIAK, Judge.

FACTS

Chisago County Deputy Russell Frank was dispatched to a ditch alongside County Road 7 around 5:00 a.m. on October 19, 1985. Frank observed a car in the ditch and a man, later identified as appellant, lying across the front seat apparently asleep. Frank rapped on the window and appellant opened the door. Frank immediately detected a strong odor of alcohol about appellant and that appellant's eyes were glassy...

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