STATE v. MASLOSKI

No. C8-88-1852.

430 N.W.2d 7 (1988)

STATE of Minnesota, Hassan Township, Respondent, v. Lane Andrew MASLOSKI, Petitioner.

Court of Appeals of Minnesota.

September 27, 1988.


Attorney(s) appearing for the Case

Margaret Charmaine Hepper, Brooklyn Center, for respondent.

Deborah L. Cotton, Babcock, Locher, Neilson & Mannella, Blaine, for petitioner.

Considered at Special Term and decided by WOZNIAK, C.J., and LANSING and KALITOWSKI, JJ., without oral argument.


SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Petitioner Masloski is a defendant in a DWI prosecution who seeks discretionary review of a pretrial order denying his motion to dismiss. Masloski's motion raised the issue whether he was in "physical control" of the vehicle.

The state and Masloski stipulated to the facts for purposes of deciding the motion to dismiss. They stipulated Masloski had not been driving before the vehicle reached...

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