State v. Lang

OPINION

NIERENGARTEN, Judge.

The state appeals from a pre-trial order dismissing a gross misdemeanor charge. Herbert D. Lang (Lang) was charged with violating Minn.Stat. § 169.121 (1986) for driving while under the influence of alcohol (DWI) within five years of a prior conviction. Although the trial court had certified evidence of Lang’s 1984 counseled plea of guilty to a misdemeanor DWI charge, it ruled the state had failed to establish a sufficient factual basis for that plea and could not use the 1984 plea to enhance the current charge to a gross misdemeanor.

FACTS

On July 25, 1987, Lang was…