State v. Smith

DISSENT

In 2010, after driving under the influence of alcohol, over the speed limit, and without a license, Ryan Leroy Smith was charged with his fourth impaired-driving offense in 10 years. Based on Smith’s three prior offenses, including a 2005 conviction for criminal vehicular operation (CVO) resulting in bodily harm, the district court enhanced Smith’s DWI conviction to a first-degree offense. Minn. Stat. § 169A.24, subd. 1(1) (2016). The court of appeals affirmed. State v. Smith, No. A15-0570, 2016 WL 1081154 (Minn.App. Mar. 21, 2016). Today, the plurality and concurrence reverse Smith’s…