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STATE v. OLMSCHEID

No. C4-92-606.

492 N.W.2d 263 (1992)

STATE of Minnesota, Respondent, v. Dean Anthony OLMSCHEID, Appellant.

Court of Appeals of Minnesota.

November 17, 1992.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Roger S. Van Heel, Stearns County Atty., Janelle P. Kendall, William R. Brost, Asst. Stearns County Attys., St. Cloud, for respondent.

Robert D. Stoneburner, Stoneburner Law Office, Paynesville, for appellant.

Considered and decided by NORTON, P.J., and HUSPENI and CRIPPEN, JJ.

OPINION

HUSPENI, Judge.

This appeal is from a judgment of conviction for gross misdemeanor refusal to submit to testing, Minn.Stat. § 169.121, subd. 1a (1990). We affirm.

FACTS

Appellant Dean Olmscheid was found sitting inside his pickup truck which was stuck in a snow-filled Stearns County ditch early on the morning of January 13, 1991. Deputy David Peschong approached the vehicle and saw no footprints leaving the truck on either...

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