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STATE v. SCHMIDT

No. A05-218.

712 N.W.2d 530 (2006)

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

Supreme Court of Minnesota.

April 13, 2006.

Attorney(s) appearing for the Case

Mike Hatch, Atty. Gen., St. Paul, Brian D. Roverud, Faribault County Atty., Blue Earth, for appellant.

Mark D. Nyvold, St. Paul, for respondent.

Heard, considered, and decided by the court en banc.

OPINION

HANSON, Justice.

Respondent Randy Leroy Schmidt was arrested for driving while intoxicated and was charged with an enhanced felony DWI and an enhanced felony chemical test refusal based on his three prior South Dakota impaired driving convictions and one prior Minnesota impaired driving conviction. The district court dismissed the enhanced charges because the South Dakota convictions were based on chemical test decisions that were made without the...

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