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STATE OF MINNESOTA IN COURT OF APPEALS A09-378 State of Minnesota, Respondent, vs. Carl Lee Eller, Appellant. Filed March 30, 2010 Affirmed Connolly, Judge Hennepin County District Court File No. 27-CR-08-17829

Lori Swanson, Attorney General, St. Paul, Minnesota; and Michael O. Freeman, Hennepin County Attorney, Linda K. Jenny, Assistant County Attorney, Minneapolis, Minnesota (for respondent) Albert T. Goins, Sr., Goins Law Office, Ltd., Minneapolis, Minnesota; and Rick L. Petry, Rick L. Petry & Associates, P.A., Minneapolis, Minnesota (for appellant)

Considered and decided by Hudson, Presiding Judge; Connolly, Judge; and Johnson, Judge. SYLLABUS In a stipulated-facts trial under Minn. R. Crim. P. 26.01, subd. 3, when a party stipulates to the admission of a criminal complaint without any restriction as to its use, the district court may make factual findings to support its decision based on the factual portion of the probable-cause section of the complaint.

OPINION CONNOLLY, Judge On appeal from his conviction for gross-misdemeanor driving while impaired (DWI)

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