State v. Smoot

OPINION

LANSING, Judge.

The district court denied Michael Smoot’s motion to dismiss a charge of second-degree unintentional murder from a multi-count complaint. Following the denial of the motion, the district court certified as important and doubtful the question of whether the felony of first-degree driving while impaired can serve as a predicate felony for the charge of second-degree felony murder under Minn.Stat. § 609.19, subd. 2(1) (2004). We answer the certified question in the affirmative.

FACTS

Michael Smoot was driving home from a Crow Wing County bar in July 2005, when he swerved into…