Legal Opinion

State v. Burdick

Court of Appeals of Minnesota

Decided March 15, 2011No. A10-645Published

1Opinion of the Court

OPINION

MINGE, Judge.

Wanda Burdick appeals from a conviction of second-degree driving while impaired and driving with an alcohol concentration of .08 or higher, challenging the validity of her stipulation pursuant to Minn. R.Crim. P. 26.01, subd. 4. Because we determine that the procedure did not comply with the requirements of rule 26.01, subdivision 4; because the parties did not, as that rule requires, represent that the issue satisfied the rule; and because the record does not support the requirements of the rule, we reverse and remand.

FACTS

In May 2009, Wanda Burdick was arrested for…

2Cases cited5 opinions

  1. State v. LothenbachSupreme Court of Minnesota · 1980
  2. A.C. Ford v. StateSupreme Court of Minnesota · 2005
  3. State v. RileyCourt of Appeals of Minnesota · 2003
  4. State v. RasmussenCourt of Appeals of Minnesota · 2008
  5. State v. CoughlinCourt of Appeals of Minnesota · 2007

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