State of Minnesota v. Larry Artis Moore, Jr.

Syllabus

On appeal from his conviction of gross-misdemeanor driving while intoxicated (DWI)-test refusal, appellant argues that (1) the district court abused its discretion by misstating the legal elements of a test refusal in its jury instruction and (2) his 365-day gross-misdemeanor sentence must be amended to 364 days under recent legislation. We affirm in part, reverse in part, and remand for appellant's sentence to be amended to 364 days.