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STATE v. MOE

No. C9-92-2027.

498 N.W.2d 755 (1993)

STATE of Minnesota, Appellant, v. Charles Lyle MOE, Respondent.

Court of Appeals of Minnesota.

April 13, 1993.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Kenneth J. Kohler, Nobles County Atty., Michael V. Tow, Asst. County Atty., Worthington, for appellant.

Robert A. Darling, Worthington, for respondent.

Considered and decided by CRIPPEN, P.J., and DAVIES and AMUNDSON, JJ.

OPINION

AMUNDSON, Judge.

The state challenges the trial court's determination that respondent, Charles Lyle Moe, was not in "physical control" of a motor vehicle and the court's subsequent dismissal of the complaint for lack of probable cause. We reverse and remand.

FACTS

Police officer Kevin Dather responded to a report of a pickup truck mired on the shoreline of a lake. Upon the officer's arrival...

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