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STATE v. GEBECK

Nos. C7-01-26, C9-01-44.

635 N.W.2d 385 (2001)

STATE of Minnesota, Appellant (C7-01-26), Respondent (C9-01-44), v. Nicole Renee GEBECK, Respondent (C7-01-26), Appellant (C9-01-44).

Court of Appeals of Minnesota.

October 30, 2001.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul; and Amy Klobuchar, Hennepin County Attorney, Linda K. Jenny, Assistant County Attorney, Minneapolis, for appellant.

Frederic Bruno, Timothy Richard Anderson, Frederic Bruno & Associates, Minneapolis, for respondent.

Considered and decided by TOUSSAINT, Chief Judge, PETERSON and HARTEN, Judges.

OPINION

TOUSSAINT, Chief Judge.

In these consolidated appeals, appellant Nicole Gebeck challenges her conviction for criminal vehicular homicide for driving "while having an alcohol concentration of 0.10 or more, as measured within two hours of driving," claiming the record contains no proof that the blood test was completed within two hours of the accident. Gebeck also challenges the court's 1.5 upward durational departure from the presumptive sentence...

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