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STATE v. HOLMES

No. A04-1134.

701 N.W.2d 267 (2005)

STATE of Minnesota, Respondent, v. Frank E. HOLMES, Appellant.

Court of Appeals of Minnesota.

August 2, 2005.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Donald F. Ryan, Crow Wing County Attorney, Bruce F. Alderman, Assistant County Attorney, Brainerd, MN, for respondent.

John M. Stuart, State Public Defender, Benjamin J. Butler, Assistant Public Defender, Minneapolis, MN, for appellant.

Considered and decided by DIETZEN Presiding Judge; STONEBURNER, Judge; and HUDSON, Judge.

OPINION

STONEBURNER, Judge.

Appellant Frank Eugene Holmes challenges the sufficiency of the evidence to support his conviction of first-degree driving while intoxicated and argues that the district court erred in ordering his previously imposed sentence for gross-misdemeanor DWI to run consecutive to the subsequently imposed felony DWI sentence. Appellant also asserts that the district court erred by using a criminal-history score of five, including one...

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