STATE v. OUELLETTE

No. A06-1727.

740 N.W.2d 355 (2007)

STATE of Minnesota, Respondent v. Todd OUELLETTE, Appellant.

Court of Appeals of Minnesota.

October 23, 2007.


Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN; and Bruce A. Nelson, Assistant Winona City Attorney, Winona, MN, for respondent.

John M. Stuart, Minnesota Public Defender, Rochelle R. Winn, Assistant Public Defender, Minneapolis, MN, for appellant.

Considered and decided by WRIGHT, Presiding Judge; SHUMAKER, Judge; and STONEBURNER, Judge.


OPINION

STONEBURNER, Judge.

Appellant challenges his conviction of refusal to submit to chemical testing, asserting that the district court committed an error of fundamental law by failing to instruct the jury that it must find that he was lawfully arrested and that the implied consent advisory was read to him. Appellant also challenges his conviction of a lane violation, asserting that the evidence does not support the conviction.

FACTS

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