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    Subdivision 1. General rule. Except as provided in subdivision 2, an alleged misdemeanor
violation must be treated as a petty misdemeanor if the prosecuting attorney believes that it is in
the interest of justice that the defendant not be imprisoned if convicted and certifies that belief
to the court at or before the time of arraignment or pretrial hearing, and the court approves of
the certification motion. The defendant's consent to the certification is not required. When an
offense is certified as a petty misdemeanor under this section, the defendant's eligibility for
court-appointed counsel must be evaluated as though the offense were a misdemeanor.
    Subd. 1a.[Repealed, 1993 c 326 art 4 s 40]
    Subd. 2. Certain violations excepted. Subdivision 1 does not apply to a misdemeanor
violation of section 169A.20; 609.224; 609.2242; 609.226; 609.324, subdivision 3; 609.52; or
617.23, or an ordinance that conforms in substantial part to any of those sections. A violation
described in this subdivision must be treated as a misdemeanor unless the defendant consents to
the certification of the violation as a petty misdemeanor.
    Subd. 3. Use of conviction for enhancement. Notwithstanding any other law, a conviction
for a violation that was originally charged as a misdemeanor and was treated as a petty
misdemeanor under subdivision 1 or the Rules of Criminal Procedure may not be used as the basis
for charging a subsequent violation as a gross misdemeanor rather than a misdemeanor.
History: 1987 c 329 s 6; 1992 c 513 art 4 s 48; 1995 c 259 art 3 s 8; 2000 c 478 art 2 s 7

Official Publication of the State of Minnesota
Revisor of Statutes