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STATE v. HOLMES

No. A04-1134.

719 N.W.2d 904 (2006)

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

Supreme Court of Minnesota.

Rehearing Denied August 23, 2006.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN, Bruce F. Alderman, Crow Wing County Attorney's Office, Brainerd, MN, for appellant.

Benjamin J. Butler, Asst. State Public Defender, Minneapolis, MN, for respondent.

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

OPINION

MEYER, Justice.

In this appeal, we are asked to construe the meaning of Minn.Stat. § 169A.28, subd. 1 (2004), which provides for mandatory consecutive sentencing for a felony driving while impaired (DWI) conviction where a defendant's sentence on a prior gross misdemeanor DWI offense is executed at the time of sentencing for the felony DWI. Respondent Frank E. Holmes was on probation for a prior gross...

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