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STATE v. NELSON

No. C1-91-2254.

483 N.W.2d 739 (1992)

STATE of Minnesota, Respondent, v. Scott Darrel NELSON, Appellant.

Court of Appeals of Minnesota.

April 14, 1992.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Patrick A. Oman, Mower County Atty., Traci L. Bains, Asst. County Atty., Austin, for respondent.

Kelley Patrick Callahan, Goldman, Callahan & Sturtz, Chartered, Albert Lea, for appellant.

Considered and decided by NORTON, P.J., and PETERSON and AMUNDSON, JJ.

OPINION

AMUNDSON, Judge.

Appellant Scott Darrel Nelson was convicted of being in physical control of a motor vehicle with an alcohol concentration of .10 or more. Minn.Stat. § 169.121, subd. 1(d) (1990). He argues the trial court erred in failing to suppress evidence at trial because neither he nor his attorney was served with the notice of evidence pursuant to Minn.R.Crim.P. 7.01. We disagree and affirm.

FACTS

On January 14, 1991...

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