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STATE v. BERGE

No. C8-90-1219.

464 N.W.2d 595 (1991)

STATE of Minnesota, Respondent, v. Stephen Wayne BERGE, Appellant.

Court of Appeals of Minnesota.

Review Granted March 15, 1991.

Attorney(s) appearing for the Case

Samuel A. McCloud, Dean S. Grau, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Jeffrey D. Thompson, Rice County Atty., Kevin P. Shea, Asst. County Atty., Faribault, for respondent.

Considered and decided by WOZNIAK, C.J., and FORSBERG and RANDALL, JJ.

OPINION

FORSBERG, Judge.

Appellant Stephen Wayne Berge was found guilty of driving under the influence in violation of Minn.Stat. § 169.121, subd. 1(a), 3(a) (1988). The trial court accepted as the strongest available evidence of guilt appellant's refusal to submit to a breathalyzer test. Appellant contends this evidence was improperly admitted against him. We affirm.

FACTS

In the early morning hours of May 9, 1989, appellant was caught...

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