State v. Stewart

OPINION

RANDALL, Judge.

Respondent. Dale Stewart was charged with gross misdemeanor D.W.I., Minn.Stat. § 169.121, subd. 3(a) (Supp.1983) (second D.W.I. violation within five years). Following the omnibus hearing, the trial court ruled that respondent’s prior 1982 D.W.I. conviction could not be used to enhance the current charge because of an insufficient inquiry into the factual basis for the 1982 plea. The trial court then dismissed the gross misdemeanor charge and the State brought this pre-trial appeal pursuant to Minnesota Rules of Criminal Procedure 28.-04. We affirm.

FACTS

In 1982 at his…