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STATE v. COOPER

No. A12-0015.

State of Minnesota, Respondent, v. Adam Joseph Cooper, Appellant.

Court of Appeals of Minnesota.

Filed November 26, 2012.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, James B. Early , Assistant Attorney General, St. Paul, Minnesota; and

Ross E. Arneson , Blue Earth County Attorney, Mankato, Minnesota, for respondent.

Benjamin E. Gurstelle , Special Assistant State Public Defender, Minneapolis, Minnesota, for appellant.

Considered and decided by Larkin, Presiding Judge; Worke, Judge; and Collins, Judge.

UNPUBLISHED OPINION

WORKE, Judge.

Appellant challenges his convictions of and sentences for theft of a motor vehicle, first-degree driving while impaired (DWI), and chemical-test refusal, arguing that (1) retrial was barred by double jeopardy when his first trial ended in a mistrial because of prosecutorial misconduct; (2) the evidence is insufficient to sustain the convictions; and (3) the district court erred by using prior DWI convictions to enhance the...

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