STATE v. GOHARBAWANG

No. A05-747.

705 N.W.2d 198 (2005)

STATE of Minnesota, Appellant, v. Massoud GOHARBAWANG, Respondent.

Court of Appeals of Minnesota.

October 25, 2005.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Amy Klobuchar, Hennepin County Attorney, Michael K. Walz, Minneapolis, MN, for appellant.

John S. Hughes, Kyle Wermerskirchen, Law Offices of John S. Hughes, Ltd., Minneapolis, MN, for respondent.

Considered and decided by SHUMAKER, Presiding Judge; KALITOWSKI, Judge; and MINGE, Judge.


OPINION

KALITOWSKI, Judge.

Appellant State of Minnesota challenges the district court's dismissal of felony charges against respondent Massoud Goharbawang for DWI and refusal to submit to chemical testing. The state enhanced the charges to felonies based on respondent's prior license revocations for refusal to submit to chemical testing. The state contends that the district court erred by determining that...

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