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