Criminal vehicular operation complaint

Amendment of complaint at trial to charge different subsection of criminal vehicular operation 

Defendant challenged his convictions for criminal vehicular operation and fourth degree driving while impaired challenging the amendment of the complaint at trial to charge a different criminal vehicular operation offense, and the entering of convictions on both offenses.  Noting that the amended complaint did not charge defendant with a new or different offense, but only charged defendant under a different subsection and eliminated the requirement that the defendant be under the influence of a controlled substance, the Minnesota Court of Appeal found no error.  However, 4th degree DWI is a lesser included offense of the criminal vehicular operation offense.  Affirmed in part, reversed in part, and remanded.

State v. Fry, A18-1837, Koochiching County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

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