State v. Fussy

OPINION

CRIPPEN, Judge.

Curt Fussy appeals his conviction of gross misdemeanor DWI, arguing that he established the burden of the state to show his prior conviction was valid and that the state did not meet that burden. We reverse.

FACTS

Police arrested appellant in August 1989 on suspicion of driving while under the influence of alcohol. A subsequent test showed his blood alcohol level was 0.17%. The prosecutor charged him with three gross misdemeanor counts, alleging appellant had been convicted of DWI in 1985 in Hennepin County. Minn.Stat. § 169.121, subd. 3(a) (1988). Before trial, appellant…