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State v. Miller

November 23, 2004

STATE OF MINNESOTA, RESPONDENT,
v.
ROBERT A. MILLER, APPELLANT.



Dakota County District Court File No. KX-03-3273.

Considered and decided by Shumaker, Presiding Judge; Lansing, Judge; and Forsberg, Judge.

SYLLABUS BY THE COURT

Under Minn. Stat. § 169A.24, subd. 1 (2002), if a license revocation occurred more than ten years before an offense, but the conviction for that offense occurred within ten years of the offense, the conviction may be used for enhancement to a first-degree crime.

The opinion of the court was delivered by: Forsberg, Judge

Affirmed

Forsberg, Judge*fn1

OPINION

Appellant challenges his conviction for felony DWI, arguing that, because the offense and license revocation dates for the oldest of the three offenses applicable under Minn. Stat. § 169A.24, subd. 1 (2002), were outside the statute's ten-year look-back period, the enhancement provision does not apply to him. Because the conviction date, which is within the ten-year look-back period, suffices for enhancement, we affirm.

FACTS

On October 2, 2003, appellant Robert A. Miller was arrested and charged with one count of first-degree refusal to submit to testing in violation of Minn. Stat. § 169A.20, subd. 2 (2002). Appellant had three DWI convictions within the preceding ten years: one DWI conviction in 1998 and two aggravated DWI convictions in 1993 and 1996.

Before the district court, appellant moved to reduce the charge from first-degree refusal to submit to testing, a felony, to second-degree refusal, a gross misdemeanor. Appellant argued that Minn. Stat. § 169A.24 (2002), which enhances an impaired driving charge to a first-degree offense if the defendant has three or more "qualified prior impaired driving incidents" in the preceding ten years, did not apply to him. He reasoned that the actual offense and license revocation dates pertaining to the oldest conviction were more than ten years earlier, although the conviction date was within the ten-year look-back period. The district court denied appellant's motion; he pled guilty as charged and was sentenced to 36 months with a stayed execution resulting in seven years probation. Appellant now challenges the denial of his motion.

ISSUE

When a license revocation occurred more than ten years before an offense, but the conviction for that offense occurred within ten years of the offense, does the conviction suffice for enhancement to a first-degree impaired ...


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