Legal Opinion
State v. Gebeck
Court of Appeals of Minnesota
Decided October 30, 2001No. C7-01-26, C9-01-44PublishedCited by 4 opinions
1Opinion of the Court
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 of 48 months. In turn, the state appeals the court’s downward dispositional departure. We affirm.
FACTS
At about 11:00 p.m. on February 16, 2000,…
2Cases cited13 opinions
- American Family Insurance Group v. SchroedlSupreme Court of Minnesota · 2000
- Amaral v. Saint Cloud HospitalSupreme Court of Minnesota · 1999
- State v. MurphySupreme Court of Minnesota · 1996
- State v. TrogSupreme Court of Minnesota · 1982
- State v. GivensSupreme Court of Minnesota · 1996
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. LawWashington Supreme Court · 2005
- State v. HickmanCourt of Appeals of Minnesota · 2003
- State v. BankenCourt of Appeals of Minnesota · 2004
- State v. LawWashington Supreme Court · 2005