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STATE v. SCHMIDT

No. A05-218.

701 N.W.2d 313 (2005)

STATE of Minnesota, Appellant, v. Randy Leroy SCHMIDT, Respondent.

Court of Appeals of Minnesota.

August 9, 2005.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Brian D. Roverud, Faribault County Attorney, Blue Earth, MN, for appellant.

John M. Stuart, State Public Defender, Mark D. Nyvold, Special Assistant Public Defender, St. Paul, MN; and Bradley James Peyton, Fairmont, MN, for respondent.

Considered and decided by RANDALL, Presiding Judge; KALITOWSKI, Judge; and WORKE, Judge.

OPINION

WORKE, Judge.

The district court granted respondent's motion to dismiss counts one and two of a four-count criminal complaint, charging respondent with one count of first-degree DWI, in violation of Minn.Stat. § 169A.20, subd. 1(1) (2002); one count of first-degree refusal, in violation of Minn.Stat. § 169A.20, subd. 2 (2002); one count of driving after revocation, in violation of Minn.Stat. § 171.24, subd. 2 (2002); and one count...

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