State v. Voracek

OPINION

PARKER, Judge.,

Appellant John Voracek appeals his D.W.I. conviction under Minn. Stat. § 169.-121, subd. 1(d) (1982). On appeal he challenges certain evidentiary rulings of the trial court and argues that he cannot be convicted of an offense that he was not charged with committing. We reverse.

FACTS

Appellant was stopped by a State Patrol trooper because his windshield was partially obstructed with snow. The trooper had appellant walk back to the squad car and observed that appellant’s eyes were bloodshot and watery, and the trooper smelled alcohol on appellant’s breath. The trooper…