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STATE v. HOPPERSTAD

No. CX-84-1813.

367 N.W.2d 546 (1985)

STATE of Minnesota, Respondent, v. John Douglas HOPPERSTAD, Appellant.

Court of Appeals of Minnesota.

May 7, 1985.

Attorney(s) appearing for the Case

David W. VanDerHeyden, Rochester, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Fred R. Kraft, County Atty., Austin, for respondent.

Heard, considered and decided by RANDALL, P.J., and SEDGWICK and HUSPENI, JJ.

OPINION

SEDGWICK, Judge.

John Douglas Hopperstad was convicted of violating § 10.06(3), disorderly conduct, of the Austin city ordinance, and he appealed. We reverse and remand for a new trial.

FACTS

On January 17, 1984, Hopperstad was arrested for disorderly conduct following a scuffle at the Law Enforcement Center in Austin. In the course of the scuffle, Hopperstad was maced. He later claimed an

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