State v. Stark

TODD, Justice.

Defendant was charged in county court with driving while under the influence of alcohol and driving with a blood alcohol content of .10 or more, Minn.Stat. § 169.-121, subd. 1(a) and (d) (1982). The jury found him guilty of driving while under the influence of alcohol but not guilty of driving with an alcohol content of .10 or more. The trial court sentenced defendant to 30 days in jail, fined him $500, and imposed a surcharge of $50, but stayed the jail term and half of the fine and surcharge. A district court appeal panel ruled that the trial court erred in its original…