STATE v. McDONNELL

No. C4-83-1943.

353 N.W.2d 678 (1984)

STATE of Minnesota, Respondent, v. Lucille Barbara McDONNELL, Appellant.

Court of Appeals of Minnesota.

August 28, 1984.


Attorney(s) appearing for the Case

Hubert H. Humphrey, Atty. Gen., Jerry Anderson, Sp. Asst. Atty. Gen., St. Paul, Richard S. Roberts, Wheaton City Atty., Wheaton, for respondent.

C. Paul Jones, Minn. State Public Defender, Ann Remington, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by POPOVICH, C.J., and FOLEY, and WOZNIAK, JJ., with oral argument waived.


OPINION

POPOVICH, Chief Judge.

Appellant, Lucille B. McDonnell, appeals her conviction for driving while under the influence (D.W.I.). It was her second offense within five years and a gross misdemeanor under Minn.Stat. § 169.121, subd. 1(a) and subd. 3(a) (1982). She claims her arrest was illegal because the offense was not committed in the presence of the arresting officer. We agree and reverse.

FACTS

Officer Kenneth Amann, a part...

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