State v. Eller

OPINION

CONNOLLY, Judge.

On appeal from his conviction for gross-misdemeanor driving while impaired (DWI) — refusal to submit to a chemical test and gross-misdemeanor assault following a stipulated-facts trial, appellant argues (1) the evidence was insufficient to find that appellant had a prior DWI conviction or that he refused to submit to testing; (2) the district court abused its discretion in sentencing appellant based on extrajudicial statements purportedly made by him; and (3) the district court erred by failing to afford appellant the presumption of innocence and the benefit of all…