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CITY OF FARGO v. NOVOTNY

Criminal No. 960347.

562 N.W.2d 95 (1997)

1997 ND 73

CITY OF FARGO, Plaintiff and Appellee, v. Joseph Anthony NOVOTNY, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied March 13, 1997.

Attorney(s) appearing for the Case

C. Charles Chinquist, Fargo, for defendant and appellant.

Stacey Tjon Aasland, Assistant City Prosecutor, Fargo, for plaintiff and appellee. Appearance by Garylle B. Stewart.

NEUMANN, Justice.

[¶ 1] Joseph Novotny appeals his conviction of actual physical control of a vehicle while under the influence of intoxicating liquor, arguing the trial court gave inadequate jury instructions. We affirm.

[¶ 2] On May 19, 1996, at 1:30 a.m., Fargo Police Officer Michael Mitchell approached a vehicle in the parking lot adjacent to Rick's Bar in Fargo. The car had been in the parking lot for over a half hour with the headlights on...

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