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STATE v. BUTCHER

No. A10-1782.

State of Minnesota, Respondent, v. William Lawrence Butcher, Appellant.

Court of Appeals of Minnesota.

Filed August 15, 2011.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, Minnesota; and Donovan D. Dearstyne , Hubbard County Attorney, Park Rapids, Minnesota (for respondent).

David W. Merchant , Chief Appellate Public Defender, Michael F. Cromett , Assistant Public Defender, St. Paul, Minnesota (for appellant).

Considered and decided by Stauber, Presiding Judge; Stoneburner, Judge; and Ross, Judge.

UNPUBLISHED OPINION

STONEBURNER, Judge.

Appellant challenges his convictions of felony first-degree driving while impaired (DWI) and gross-misdemeanor driving after cancellation (DAC), arguing that (1) the evidence is insufficient to prove that he was the driver and (2) the prosecutor's characterization of proof beyond a reasonable doubt as proof that leaves one "firmly convinced" of a defendant's guilt was misconduct constituting reversible plain error...

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