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STATE v. PEARSON

Nos. CX-01-361, C3-01-363.

633 N.W.2d 81 (2001)

STATE of Minnesota, Respondent, v. Steven James PEARSON, Petitioner, Appellant, and Steven James Pearson, Petitioner, Appellant, v. Commissioner of Public Safety, Respondent.

Court of Appeals of Minnesota.

September 11, 2001.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, Jeffrey F. Lebowski, Assistant Attorney General, St. Paul, MN; and Roger L. Swenson, Bellingham City Attorney, Sarah E. Winge, Assistant City Attorney, Montevideo, MN, (for respondent State of Minnesota).

Samuel A. McCloud, Kelly Vince Griffitts, Shakopee, MN, (for appellant).

Mike Hatch, Attorney General, Matthew G. Frank, Assistant Attorney General, St. Paul, MN, (for respondent Commissioner of Public Safety).

Considered and decided by TOUSSAINT, Chief Judge, SCHUMACHER, Judge, and PARKER, Judge.

OPINION

SCHUMACHER, Judge

The trial court sustained the revocation of appellant Steven James Pearson's driver's license in an implied consent hearing, and Pearson was convicted and sentenced for driving with an alcohol concentration over .10 in a criminal trial based on stipulated facts. Pearson appealed both the implied consent and criminal cases and the appeals were consolidated. We affirm.

FACTS

On August 20, 2000, a Lac Qui Parle County...

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