State v. Koppi

OPINION

STRAS, Justice.

Appellant John Allen Koppi was convicted of second-degree refusal to submit to chemical testing (“test refusal”) under Minn.Stat. § 169A.20, subd. 2 (2010). Koppi first argues that the district court abused its discretion in giving the jury an erroneous instruction that articulated a purely subjective definition of probable cause. See 10A Minn. Dist. Judges Ass’n, Minnesota Practice — Jury Instruction Guides, Criminal, CRIMJIG 29.28 (5th ed. Supp.2009). Koppi also contends that the district court erred when it instructed the jury that the court had decided as a matter of…