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STATE v. STARFIELD

No. C5-90-2182.

472 N.W.2d 143 (1991)

STATE of Minnesota, Respondent, v. Sandra Sylvia STARFIELD, Appellant.

Court of Appeals of Minnesota.

Review Granted August 2, 1991.

Attorney(s) appearing for the Case

Hubert H. Humphry, III, Atty. Gen., St. Paul, R. Donald Kelly, White Bear Lake, for respondent.

John M. Stuart, State Public Defender, Mark F. Anderson, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by AMUNDSON, P.J., and HUSPENI and RANDALL, JJ.

RANDALL, Judge.

FACTS

Following a jury trial, Sandra S. Starfield, appellant, was convicted of a violation of Minn.Stat. § 169.121, subd. 1(a) (1988) (physical control of a motor vehicle while under the influence of alcohol). Appellant's license had been suspended prior to this incident due to an implied consent violation, and therefore, this offense was elevated from a misdemeanor to a gross misdemeanor. Minn.Stat. § .169.129 (1988).

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