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STATE OF MINNESOTA IN COURT OF APPEALS A10-1192 State of Minnesota, Respondent, vs. James Anthony Brown, Jr., Appellant. Filed June 13, 2011 Reversed Stoneburner, Judge Itasca County District Court File No. 31CR092459 Lori Swanson, Attorney General, St. Paul, Minnesota; and John P. Dimich, Dimich Law Office, Grand Rapids, Minnesota (for respondent) David W. Merchant, Chief Appellate Public Defender; and Gerardo Alcazar, A. Elizabeth Burnett, Special Assistant Public Defenders, Robins, Kaplan, Miller & Ciresi, L.L.P., Minneapolis, Minnesota (for appellant) Considered and decided by Stoneburner, Presiding Judge; Ross, Judge; and Stauber, Judge. SYLLABUS An intoxicated, physically disabled individual using a motorized device as a substitute for walking is not driving, operating, or in physical control of a motor vehicle for purposes of Minn. Stat.

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