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STATE v. LOGE

No. C9-98-842.

589 N.W.2d 491 (1999)

STATE of Minnesota, Respondent, v. Steven Mark LOGE, Appellant.

Court of Appeals of Minnesota.

Review Granted March 30, 1999.

Attorney(s) appearing for the Case

Michael A. Hatch, Attorney General, St. Paul, Steven R. Schwab, Albert Lea City Attorney, Albert Lea, for respondent.

John M. Stuart, State Public Defender, Scott G. Swanson, Assistant State Public Defender, Minneapolis, for appellant.

Considered and decided by TOUSSAINT, Presiding Judge, RANDALL, Judge, and HOLTAN, Judge.

OPINION

HARVEY A. HOLTAN, Judge.*

Steven Mark Loge was convicted under Minn.Stat. § 169.122, subd. 3, of keeping an open bottle containing intoxicating liquor in an automobile. At trial, Loge testified that he did not know the bottle was in the vehicle. The trial court nonetheless convicted Loge, concluding that subdivision 3 of the statute does not require proof that the driver acted knowingly. On appeal from the judgment...

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