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STATE OF MINNESOTA IN COURT OF APPEALS A08-0072 State of Minnesota, Respondent, vs. Daryl Fleck, Appellant. Filed March 24, 2009 Affirmed Stoneburner, Judge Polk County District Court File No. CR071846 Lori Swanson, Attorney General, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101-2134; and Gregory A. Widseth, Polk County Attorney, Suite 125, 816 Marin Avenue, Crookston, MN 56716 (for respondent) Lawrence Hammerling, Chief Appellate Public Defender, G. Tony Atwal, Assistant Public Defender, Suite 300, 540 Fairview Avenue North, St. Paul, MN 55104 (for appellant) Considered and decided by Shumaker, Presiding Judge; Stoneburner, Judge; and Collins, Judge.* SYLLABUS Evidence that a person was alone, intoxicated, and asleep behind the wheel of his operable motor vehicle parked in an assigned space in his apartment's parking lot at 11:30 p.m. with the keys on the center console, is sufficient to support a finding that the
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Retired judge of the district court, serving as judge of the Minnesota Court of Appeals by appointment pursuant to Minn. Const. art. VI,

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