State v. Lillemo

OPINION

FOLEY, Judge.

Todd William Lillemo appeals his conviction for DWI in violation of Minn.Stat. § 169.121, subds. 1(a) and 3(a) (1986), claiming that enhancement of the current offense to a gross misdemeanor was improper. The State did not respond in this appeal, and this court ordered that the matter proceed pursuant to Minn.R.Civ.App.P. 142.03. We reverse and remand for resen-tencing as a misdemeanor.

FACTS

Lillemo was arrested for driving while under the influence on November 23, 1986 and was found guilty on February 23,1987. He does not contest the factual basis for this conviction on…