Court of Appeals of Minnesota December 15, 1998, C0-98-1152 (State v. Dumas)

OPINION

KALITOWSKI, Judge

Appellant State of Minnesota challenges the district court’s dismissal of gross misdemeanor DWI and test refusal charges. Appellant asserts the district court erred in determining that Minn.Stat. § 169.121, subd. 3(c)(2), violates the Sixth Amendment right to counsel and the ex post facto clauses of the United States and Minnesota Constitutions.