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STATE v. ERICKSON

Cr. No. 930321.

517 N.W.2d 646 (1994)

STATE of North Dakota, Plaintiff and Appellee, v. Dwight E. ERICKSON, Defendant and Appellant.

Supreme Court of North Dakota.

June 15, 1994.

Attorney(s) appearing for the Case

Thomas M. Tuntland, Mandan, for defendant and appellant.

Rick Lee Volk, Asst. State's Atty., Bismarck, for plaintiff and appellee.

LEVINE, Justice.

Dwight E. Erickson appeals from judgment of conviction for being in actual physical control of a motor vehicle while under the influence of intoxicating liquor. We affirm.

On December 6, 1992, while on his way to work, a Burleigh County detention officer noticed a pickup stopped on an approach with its lights on and the engine running. The officer stopped and saw Erickson slumped over the steering wheel. The officer unsuccessfully tried to...

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