State of Minnesota v. Furman Street

Syllabus

In this appeal from a final judgment of conviction for felony driving while impaired (DWI), appellant argues that the district court abused its discretion by denying his motion for a downward dispositional departure. Alternatively, appellant contends that the district court abused its discretion by sentencing him based on a criminal-history score that included unsubstantiated out-of-state convictions. For the reasons set forth below, we affirm the district court's denial of appellant's motion for a downward dispositional departure. But we reverse appellant's sentence based on the inclusion of the out-of-state convictions and remand for resentencing. We therefore affirm in part, reverse in part, and remand.