STATE v. SCHUSTER

Nos. A04-2278, A05-41.

709 N.W.2d 282 (2006)

STATE of Minnesota, Respondent, v. Nathan Dean SCHUSTER, Appellant (A04-2278), Wade William Little Owl, Appellant (A05-41).

Court of Appeals of Minnesota.

January 31, 2006.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Lisa Nelson Borgen, Clay County Attorney, Jenny M. Samarzja, Assistant County Attorney, Moorhead, MN, for respondent.

John M. Stuart, State Public Defender, Leslie J. Rosenberg, Bridget Kearns Sabo, Assistant State Public Defenders, Minneapolis, MN, for appellants.

Considered and decided by PETERSON, Presiding Judge; TOUSSAINT, Chief Judge; and SHUMAKER, Judge.


OPINION

SHUMAKER, Judge.

Appellants in these consolidated appeals challenge the district court's refusal to prohibit the use of North Dakota impaired driving convictions to enhance Minnesota impaired driving offenses. Because the prior convictions arise from violations of appellants' Minnesota constitutional rights, the prior convictions cannot be used to enhance Minnesota offenses, and we reverse.

FACTS

The Minnesota Impaired Driving Code...

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