State v. Horning

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 conviction on the ground that the trial court impermis-sibly excluded evidence of his lack of impairment. Because we find no abuse of discretion in…