No. A08-72.

777 N.W.2d 233 (2010)

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

Supreme Court of Minnesota.

January 21, 2010.

Attorney(s) appearing for the Case

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

G. Tony Atwal, Assistant State Public Defender, St. Paul, MN, for appellant.


PAGE, Justice.

Appellant Daryl Fleck was convicted of: (1) felony first-degree being in physical control of a motor vehicle while under the influence of alcohol (within ten years of three or more qualified incidents), Minn. Stat. §§ 169A.20, subd. 1(1), 169A.24, subd. 2 (2006); and (2) felony first-degree being in physical control of a motor vehicles with a blood alcohol concentration of .08 or more, Minn.Stat. §§ 169A.20, subd...

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