We reverse and remand. The stipulation of facts suggests that Herrboldt was stopped and then the officer followed him to his residence where he was arrested. This is incorrect. Officer Burgeson followed the vehicle to 1200 East 13th and made contact in Herrboldt's driveway. Herrboldt argues that the preliminary hearing transcript should not be considered by this court because the magistrate judge did not rely on it in making her decision.
State claims that the transcript is part of the settled record.
In reaching our decision, we rely on the stipulation of facts only and do not address whether this court could consider the preliminary hearing transcript. We refer to the transcript only to correct and clarify the details of the stop. I think the facts are the facts as the officer just testified to. Our determination of this issue makes it unnecessary to address the other issues raised by the State.