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STATE v. LEMMER

No. A05-2481.

716 N.W.2d 657 (2006)

STATE of Minnesota, Appellant, v. Ronald Joseph LEMMER, Respondent.

Court of Appeals of Minnesota.

June 20, 2006.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Patrick J. Ciliberto, Scott County Attorney, Michael J. Groh, Assistant County Attorney, Shakopee, MN, for appellant.

Jeffrey S. Sheridan, Strandemo, Sheridan & Dulas, P.A., Eagan, MN, for respondent.

Considered and decided by LANSING, Presiding Judge; STONEBURNER, Judge; and COLLINS, Judge.

OPINION

COLLINS, Judge.*

Appellant State of Minnesota challenges the dismissal of a DWI complaint, contending that (1) the district court erred by adopting a prior district-court order declaring Minn.Stat. § 169A.53, subd. 3(g) (2004), unconstitutional, thereby estopping the state from litigating dispositive stop-and-seizure issues on which respondent Ronald Joseph Lemmer prevailed at his implied-consent hearing; and (2...

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