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STATE v. KOPPI

No. A09-136.

779 N.W.2d 562 (2010)

STATE of Minnesota, Respondent, v. John Allen KOPPI, Appellant.

Court of Appeals of Minnesota.

March 9, 2010.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN; and John J. Thames, Corcoran City Attorney, Carson, Clelland & Schreder, Minneapolis, MN, for respondent.

Mark D. Kelly, St. Paul, MN, for appellant.

Considered and decided by CONNOLLY, Presiding Judge; SHUMAKER, Judge; and WORKE, Judge.

OPINION

SHUMAKER, Judge.

In this appeal from his conviction of second-degree refusal to submit to chemical testing, appellant argues that the district court misstated the law in its jury instructions on test refusal and that the district court violated his right to due process of law when it concluded that he had a reasonable amount of time to consult an attorney. Although we agree that the district court misstated the law, the error was harmless. And the...

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