STATE v. KJESETH

No. A12-1012.

828 N.W.2d 480 (2013)

STATE of Minnesota, Respondent, v. Clarence Peter KJESETH, Appellant.

Court of Appeals of Minnesota.

April 8, 2013.


Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN; and Robin W. Finke , Swift County Attorney, Harry D. Hohman , Assistant County Attorney, Benson, MN, for respondent.

David W. Merchant , Chief Appellate Public Defender, Sharon E. Jacks , Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by HALBROOKS, Presiding Judge; LARKIN, Judge; and HUSPENI, Judge.


OPINION

HALBROOKS, Judge.

On appeal from his convictions of first-degree DWI for impaired driving, first-degree DWI for test refusal, and fleeing a police officer, appellant argues that the district court's jury instruction on the enhancement element of first-degree DWI was based on an erroneous view of the law because it allowed his current violations of the DWI statute to be enhanced by a prior felony conviction of test refusal. In the alternative, appellant...

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