State, City of Mankato v. Bloemke

OPINION

A. PAUL LOMMEN, Acting Judge.

This appeal is from a pretrial order dismissing the gross misdemeanor DWI count of a two-count DWI prosecution against respondent Ronald Bloemke. We affirm.

FACTS

Respondent Ronald Bloemke was arrested in the City of Mankato for driving while under the influence on January 26, 1987. *10His driving record revealed a prior DWI conviction on September 13, 1983. He was therefore charged with a gross misdemean- or DWI under Minn.Stat. § 169.121, subd. 3(a) (1986), as well as a misdemeanor DWI. Bloemke moved to dismiss the gross misdemeanor charge, claiming there was…