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STATE v. ST. JOHN

No. A13-1175.

847 N.W.2d 704 (2014)

STATE of Minnesota, Respondent, v. Andrea Lee ST. JOHN, Appellant.

Court of Appeals of Minnesota.

May 19, 2014.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN; and Brian J. Melton , Clay County Attorney, Heidi Davies , Chief Assistant County Attorney, Moorhead, MN, for respondent.

Cathryn Middlebrook , Chief Appellate Public Defender, Veronica M. Shacka , Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by HUDSON, Presiding Judge; PETERSON, Judge; and KANDALL, Judge.

OPINION

PETERSON, Judge.

Appellant driver challenges her conviction of second-degree driving while impaired (refusal to submit to chemical test), arguing that the district court erred by (1) ruling that third-degree driving while impaired (under the influence of alcohol) is a lesser included offense of the second-degree driving-while-impaired offense; and (2) adjudicating her guilty of, and imposing a sentence...

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