STATE v. FUSSY

No. C7-89-2145.

467 N.W.2d 601 (1991)

STATE of Minnesota, Appellant, v. Curt Clarence FUSSY, Respondent.

Supreme Court of Minnesota.

March 29, 1991.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Douglas L. Johnson, Coon Rapids, for appellant.

William Peterson & Associates, Ltd., James L. Erickson, Brooklyn Center, for respondent.

Heard, considered and decided by the court en banc.


WAHL, Justice.

The State of Minnesota appeals a decision by the court of appeals which reverses the gross misdemeanor DWI conviction of defendant Curt Clarence Fussy. The court of appeals held that defendant, by his pretrial motion and accompanying affidavits, properly challenged the validity of his prior misdemeanor DWI conviction and thereby put the state to its burden of proving that the prior conviction was not obtained in violation of defendant's right to counsel...

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