State v. Boecker, Minn.Ct.App., 5/23/2016. Back in 1998 Mr. Boecker was convicted under 609.21, subd. 2a(2)(i) of criminal vehicular operation. In 2015 the state charged Mr. Boecker with first degree DWI based on this 1998 CVO conviction. Mr. Boecker pointed out, however, that the DWI statute in play, enacted in 2014, listed as an enhancer a 2006 CVO statute, which of course didn't exist in 1998 and so how could his charge be enhanced?
Somehow the court of appeals concludes that the 2014 DWI statute is ambiguous, which gives them the green light to uphold the enhanced charge and conviction. Along the way it points to legislative history where the legislature says that it doesn't care what words and numbers it uses in the DWI statute it intends all CVO convictions to be enhancers:
rime. The legislature’s intent has always been that criminal vehicular operation convictions under both the pre- 2007 law and the post-2007 law be used for enhancing driving while impaired penalties consistent with the provisions of the driving while impaired laws.
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