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STATE v. FRIEDRICH

No. C7-88-1972.

436 N.W.2d 475 (1989)

STATE of Minnesota, Plaintiff, v. John (NMN) FRIEDRICH, Defendant, STATE of Minnesota, Plaintiff, v. David Joseph DUREN, Defendant.

Court of Appeals of Minnesota.

February 28, 1989.

Attorney(s) appearing for the Case

Shawn M. Moynihan, Hertogs, Fluegel, Sieben Polk, Jones & Laverdiere, P.A., Asst. City Atty. for City of Hastings, Hastings, David L. Harmeyer Grannis, Grannis, Farrell & Knutson, Asst. City Attorney for City of Inver Grove Heights, South St. Paul, for State

C. Paul Jones, State Public Defender by Cathryn Middlebrook, Asst. State Public Defender, Minneapolis, for John (NMN) Friedrich.

Tim Wermagen, Hastings, for David Joseph Duren.

Considered and decided by RANDALL, P.J., and FOLEY and SCHUMACHER, JJ., without oral argument.

OPINION

SCHUMACHER, Judge.

Appellant State of Minnesota prosecuted respondents for driving under the influence. ("DWI") The state used prior guilty pleas by respondents to Wisconsin DWI charges to enhance the Minnesota DWI offense and charged respondents with a gross misdemeanor. The trial court refused to permit enhancement of the charge but certified the question to this court as important and doubtful. The state appeals from the court's order prohibiting...

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