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STATE v. FLECK

No. A08-0072.

763 N.W.2d 39 (2009)

STATE of Minnesota, Respondent, v. Daryl FLECK, Appellant.

Court of Appeals of Minnesota.

March 24, 2009.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN; and Gregory A. Widseth, Polk County Attorney, Crookston, MN, for respondent.

Lawrence Hammerling, Chief Appellate Public Defender, G. Tony Atwal, Assistant Public Defender, St. Paul, MN, for appellant.

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

OPINION

STONEBURNER, Judge.

Appellant challenges his convictions of driving while impaired, arguing that evidence that he was alone, intoxicated, and asleep behind the wheel of his operable motor vehicle parked at his residence with the keys on the center console is insufficient evidence that he was in physical control of the motor vehicle to support convictions under Minn.Stat. § 169A.20, subd. 1(1), (5). We disagree.

FACTS

At 11...

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