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STATE v. LEMBKE

No. C6-93-312.

509 N.W.2d 182 (1993)

STATE of Minnesota, Respondent, v. Dwight Marvin LEMBKE, Appellant.

Court of Appeals of Minnesota.

December 7, 1993.

Attorney(s) appearing for the Case

Hubert H. Humphrey III, Atty. Gen., St. Paul, Thomas D. Hayes, Sherburne County Atty., Christopher J. Johnson, Asst. County Atty., Elk River, for respondent.

Jonathan E. Fruchtman, Minneapolis, for appellant.

Considered and decided by PETERSON, P.J., and FORSBERG and DAVIES, JJ.

OPINION

DAVIES, Judge.

This appeal is from a judgment of conviction for driving while under the influence of a controlled substance and possession of marijuana in a motor vehicle in violation of Minn. Stat. §§ 169.121, subd. 1, and 152.027, subd. 3 (1992). After appellant Dwight Lembke's motion to suppress was denied, he stipulated to the state's case and waived a jury trial to expedite appellate review pursuant to the procedure approved in

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