City of Moorhead v. Miller

KELLY, Justice.

This appeal by the state, with leave of court, from an order of a three-judge appellate panel reversing a conviction for driving while under the influence, raises issues concerning the application of Minn.Stat. § 609.-035 (1978), which generally prohibits multiple sentencing for, or serialized prosecution of, multiple crimes arising from a single course of conduct.

Defendant was charged in á single prosecution 1 in county court with simultaneous violation of the open bottle law and with the prohibition against driving while under the influence. Unrepresented by counsel,…