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KLEMZ v. STATE

No. A-9553.

171 P.3d 1169 (2007)

Thomas E. KLEMZ, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

November 30, 2007.

Attorney(s) appearing for the Case

Renee McFarland, Assistant Public Defender, and Quinlan Steiner, Public Defender, Anchorage, for the Appellant.

Nancy R. Simel, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Talis J. Colberg, Attorney General, Juneau, for the Appellee.

Before: Coats, Chief Judge, and Mannheimer and Stewart, Judges.

OPINION

MANNHEIMER, Judge.

Thomas E. Klemz, who was on felony probation for driving under the influence, arrived for a meeting with his Kenai probation officer, Ruben Foster. While Klemz was sitting in the lobby of the probation office, another probation officer (Steven Meyer) walked by and noticed that Klemz smelled of alcoholic beverages. One of Klemz's conditions of probation prohibited him from drinking alcoholic beverages, so Meyer reported his...

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