No. C3-00-1146.

627 N.W.2d 653 (2001)

STATE of Minnesota, Appellant, v. Willie Dee LOYD, Respondent.

Court of Appeals of Minnesota.

April 17, 2001.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul; and Jay Heffern, Minneapolis City Attorney, Michael Hess, Assistant City Attorney, Minneapolis, for appellant.

John M. Stuart, State Public Defender, Mark D. Nyvold, Special Assistant Public Defender, St. Paul, for respondent.

Considered and decided by CRIPPEN, P.J., HARTEN and HANSON, JJ.



The state challenges the trial court's denial of its motion to reconsider the court's order modifying an executed gross-misdemeanor sentence.


In 1999, respondent Willie Loyd pleaded guilty and the court convicted him of gross misdemeanor refusal to submit to testing ("Refusal") in violation of Minn.Stat. § 169.121, subds. 1a and 3(c)(2) (1998),

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