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STATE v. GUTZKE

A22-1444.

996 N.W.2d 219 (2023)

STATE of Minnesota, Respondent, v. Roger Alen GUTZKE, Appellant.

Court of Appeals of Minnesota.

Filed August 28, 2023.

Attorney(s) appearing for the Case

Keith Ellison , Attorney General, St. Paul, Minnesota; and Ryan S. Hansch , McLeod County Attorney, Steven R. Ott , Assistant County Attorney, Glencoe, Minnesota (for respondent).

Cathryn Middlebrook , Chief Appellate Public Defender, Sean Michael McGuire , Assistant Public Defender, St. Paul, Minnesota (for appellant).

Considered and decided by Reyes, Presiding Judge; Ross, Judge; and Bjorkman, Judge.

OPINION

Roger Gutzke was driving his semitruck carrying a load of soybeans when he pulled out his ringing cellphone to glance at it and identify the caller—"spam." The distraction caused Gutzke to veer off the roadway, tip his truck over in the ditch, and spill his cargo of beans. Gutzke challenges his consequent convictions...

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