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STATE v. RETZLAFF

No. A10-2202.

807 N.W.2d 437 (2011)

STATE of Minnesota, Respondent, v. Jerry Ben RETZLAFF, Appellant.

Court of Appeals of Minnesota.

November 21, 2011.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN; and Janice S. Jude , Mille Lacs County Attorney, Mark J. Herzing , Assistant County Attorney, Tara C. Ferguson-Lopez , Assistant County Attorney, Milaca, MN, for respondent.

David W. Merchant , Chief Appellant Public Defender, Theodora Gaïtas , Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by ROSS, Presiding Judge; HUDSON, Judge; and WORKE, Judge.

OPINION

ROSS, Judge.

This appeal requires us to decide whether a repeat drunk driver may avoid conviction as a first-degree offender on what-as he put it-might be "a simple loophole" in the impaired-driving law. In 2006 the legislature bolstered the impaired-driving law so that a person commits first-degree driving while impaired by driving drunk with a previous conviction for substantially injuring another person while driving impaired. Jerry Retzlaff was...

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