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STATE v. LILLEMO

No. CX-87-756.

410 N.W.2d 66 (1987)

STATE of Minnesota, Respondent, v. Todd William LILLEMO, Appellant.

Court of Appeals of Minnesota.

August 11, 1987.

Attorney(s) appearing for the Case

Hubert H. Humphrey III, State Atty. Gen., St. Paul, Timothy R. Faver, Keyes & Faver Ltd., Bemidji, for respondent.

Mark L. Rodgers, Kief, Fuller, Baer, Wallner & Rodgers, Ltd., Bemidji, for appellant.

Considered and decided by NIERENGARTEN, P.J., and FOLEY and RANDALL, JJ., with oral argument waived.

OPINION

FOLEY, Judge.

Todd William Lillemo appeals his conviction for DWI in violation of Minn.Stat. § 169.121, subds. 1(a) and 3(a) (1986), claiming that enhancement of the current offense to a gross misdemeanor was improper. The State did not respond in this appeal, and this court ordered that the matter proceed pursuant to Minn.R.Civ.App.P. 142.03. We reverse and remand for resentencing as a misdemeanor.

FACTS

Lillemo was arrested...

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