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STATE v. HENDRICKS

No. CX-98-1319.

586 N.W.2d 413 (1998)

STATE of Minnesota, Appellant, v. James Wallace HENDRICKS, Respondent.

Court of Appeals of Minnesota.

November 24, 1998.

Attorney(s) appearing for the Case

Raymond F. Schmitz, Olmsted County Attorney, Helen R. Brosnahan, Assistant County Attorney, Rochester, for appellant.

John M. Stuart, State Public Defender, Bradford S. Delapena, Assistant State Public Defender, Minneapolis, and Mark D. Nyvold, Special State Public Defender, St. Paul, for respondent.

Considered and decided by CRIPPEN, P.J., and WILLIS and FOLEY, JJ.

OPINION

DANIEL F. FOLEY, Judge.

Appellant State of Minnesota challenges the district court's legal determination that there was no probable cause to believe respondent James Hendricks was in physical control of a motor vehicle. The district court found that respondent could not have exercised physical control over the motor vehicle and granted respondent's motion to dismiss. We reverse and remand for trial...

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