State v. Holmes

OPINION

MEYER, Justice.

In this appeal, we are asked to construe the meaning of Minn.Stat. § 169A.28, subd. 1 (2004), which provides for mandatory consecutive sentencing for a felony driving while impaired (DWI) conviction where a defendant’s sentence on a prior gross misdemeanor DWI offense is executed at the time of sentencing for the felony DWI. Respondent Frank E. Holmes was on probation for a prior gross misdemean- or DWI offense when he was convicted of felony DWI. The district court imposed consecutive sentences, did not downwardly amend Holmes’ criminal history score, and sentenced…