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JOHNSON v. STATE

No. A-9800.

188 P.3d 700 (2008)

Michael J. JOHNSON, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

July 25, 2008.

Attorney(s) appearing for the Case

Marjorie Allard, Assistant Public Defender, and Quinlan Steiner, Public Defender, Anchorage, for the Appellant.

W.H. Hawley Jr., 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.

Michael J. Johnson appeals his conviction for felony driving under the influence.1 He first contends that the evidence presented at his trial was legally insufficient to prove that he was under the influence at the time he operated the vehicle (as opposed to later, after the police stopped him).

At trial, Johnson testified that, during the approximately...

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