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STATE v. STEWART

No. C1-84-1697.

360 N.W.2d 463 (1985)

STATE of Minnesota, Appellant, v. Dale Brian STEWART, Respondent.

Court of Appeals of Minnesota.

January 15, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Gregory E. Korstad, Isanti Co. Atty., Scott A. Hersey, Asst. Co. Atty., Cambridge, for appellant.

C. Paul Jones, State Public Defender, Steven P. Russett, Asst. Public Defender, Minneapolis, for respondent.

Considered and decided by POPOVICH, C.J., and RANDALL and CRIPPEN, JJ., with oral argument waived.

OPINION

RANDALL, Judge.

Respondent Dale Stewart was charged with gross misdemeanor D.W.I., Minn.Stat. § 169.121, subd. 3(a) (Supp.1983) (second D.W.I. violation within five years). Following the omnibus hearing, the trial court ruled that respondent's prior 1982 D.W.I. conviction could not be used to enhance the current charge because of an insufficient inquiry into the factual basis for the 1982 plea...

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