STATE v. ELLER

No. A09-378.

780 N.W.2d 375 (2010)

STATE of Minnesota, Respondent, v. Carl Lee ELLER, Appellant.

Court of Appeals of Minnesota.

March 30, 2010.


Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN, Michael O. Freeman, Hennepin County Attorney, Linda K. Jenny, Assistant County Attorney, Minneapolis, MN, for respondent.

Albert T. Goins, Sr., Goins Law Office, Ltd., Rick L. Petry, Rick L. Petry & Associates, P.A., Minneapolis, MN, for appellant.

Considered and decided by HUDSON, Presiding Judge; CONNOLLY, Judge; and JOHNSON, Judge.


OPINION

CONNOLLY, Judge.

On appeal from his conviction for gross-misdemeanor driving while impaired (DWI)—refusal to submit to a chemical test and gross-misdemeanor assault following a stipulated-facts trial, appellant argues (1) the evidence was insufficient to find that appellant had a prior DWI conviction or that he refused to submit to testing; (2) the district court abused its discretion in sentencing appellant based on extrajudicial statements...

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