State v. Dumas

OPINION

KALITOWSKI, Judge

Appellant State of Minnesota challenges the district court’s dismissal of gross misdemeanor DWI and test refusal charges. Appellant asserts the district court erred in determining that Minn.Stat. § 169.121, subd. 3(c)(2), violates the Sixth Amendment right to counsel and the ex post facto clauses of the United States and Minnesota Constitutions.

FACTS

The legislature, in 1997, enacted certain amendments to the DWI and implied consent statutes. See Minn.Stat. §§ 169,121, 169.123 (1997). These amendments, in certain situations, convert misdemeanor DWI and misdemeanor…