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STATE v. FUSSY

No. C7-89-2145.

458 N.W.2d 428 (1990)

STATE of Minnesota, Respondent, v. Curt Clarence FUSSY, Appellant.

Court of Appeals of Minnesota.

Review Granted September 14, 1990.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty., Gen., St. Paul, Douglas L. Johnson, Asst. Coon Rapids City Atty., Coon Rapids, for respondent.

James L. Erickson, Brooklyn Center, for appellant.

Considered and decided by CRIPPEN, P.J., and FORSBERG and RANDALL, JJ.

OPINION

CRIPPEN, Judge.

Curt Fussy appeals his conviction of gross misdemeanor DWI, arguing that he established the burden of the state to show his prior conviction was valid and that the state did not meet that burden. We reverse.

FACTS

Police arrested appellant in August 1989 on suspicion of driving while under the influence of alcohol. A subsequent test showed his blood alcohol level was 0.17%. The prosecutor charged him with three gross...

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