OPINION
SHORT, Judge.
After a jury trial, Bruce George Simon was convicted of driving while under the influence in violation of Minn.Stat. § 169.121, subd. 1(a) and subd. 3(b) (1989) and refusal to submit to testing in violation of Minn.Stat. § 169.121, subd. 1a and subd. 3(c) (1989). Simon was sentenced on the first gross misdemeanor to one year in county jail and payment of a fine of $3,000 plus fees, and consecutively sentenced to one year in...
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