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STATE v. WERTHEIMER

No. A08-412.

781 N.W.2d 158 (2010)

STATE of Minnesota, Respondent, v. Scott Garrett WERTHEIMER, Appellant.

Supreme Court of Minnesota.

April 22, 2010.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN, and; Robert M. A. Johnson, Anoka County Attorney, Robert D. Goodell, Assistant Anoka County Attorney, Anoka, MN, for respondent.

Max A. Keller, Minneapolis, MN, for appellant.

OPINION

ANDERSON, G. BARRY, Justice.

Appellant, Scott Wertheimer, was arrested on May 12, 2007, for driving while impaired. Wertheimer had three previous driving-while-impaired (DWI) convictions, with the earliest on May 12, 1997. Following Wertheimer's May 12, 2007, arrest, the State charged him with first-degree DWI, a felony, on the assumption that his May 12, 2007, violation was "within ten years of" his May 12, 1997, conviction as required by Minn.Stat...

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