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STATE v. OFFERMAN

No. C1-85-1337.

378 N.W.2d 658 (1985)

STATE of Minnesota, Respondent, v. Daniel Jerome OFFERMAN, Appellant.

Court of Appeals of Minnesota.

December 24, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Barry M. Robinson, Coon Rapids, for respondent.

Michael P. Gallagher, Hopkins, for appellant.

Considered and decided by PARKER, P.J., and FORSBERG and NIERENGARTEN, JJ., with oral argument waived.

OPINION

FORSBERG, Judge.

Appellant Daniel Jerome Offerman appeals from an order denying his motion to resentence for a misdemeanor instead of a gross misdemeanor. He contends that the trial court erred by using the underlying license revocation to enhance the subsequent DWI to a gross misdemeanor offense because the revocation was rescinded prior to trial. We affirm.

FACTS

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