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STATE v. HORNING

No. C5-93-754.

511 N.W.2d 27 (1994)

STATE of Minnesota, Respondent, v. Douglas Dale HORNING, Appellant.

Court of Appeals of Minnesota.

Review Granted March 31, 1994.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Margaret H. Chutich, Asst. Atty. Gen., St. Paul, Roger S. VanHeel, Stearns County Atty., St. Cloud, for respondent.

John M. Stuart, State Public Defender, Charlann E. Winking, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by CRIPPEN, P.J., and HUSPENI and SHORT, JJ.

OPINION

HUSPENI, Judge.

Appellant Douglas Dale Horning was charged with driving with an alcohol concentration of 0.10 or more, Minn.Stat. § 169.121, subd. 1(d) (1992), and alcohol concentration of 0.10 or more within two hours of driving, Minn.Stat. § 169.121, subd. 1(e) (1992). The jury convicted appellant of driving with an alcohol concentration of 0.10 or more, but acquitted him of the charge under subdivision 1(e). Appellant challenges his...

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