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STATE v. SHEPARD

No. C8-90-2287.

473 N.W.2d 318 (1991)

STATE of Minnesota, Respondent, v. Leona Faye SHEPARD, Appellant.

Court of Appeals of Minnesota.

Review Granted August 29, 1991.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Earl E. Maus, Cass County Atty., Jon P. Eclov, Asst. County Atty., Walker, for respondent.

Jay E. Sommer, Pine River, for appellant.

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

OPINION

HUSPENI, Judge.

Appellant contends the evidence is insufficient to support a verdict of driving while under the influence of alcohol. The jury acquitted her of driving with an alcohol concentration of .10 or more, but found her guilty of careless driving and driving under the influence of alcohol. We find the evidence insufficient to support her conviction of driving while under the influence and reverse.

FACTS

On November 19, 1989...

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