The Court of Appeals reversed, concluding that all that defendant had to do to comply with the term of probation was to make a reasonable effort to gain admission to the program, that he did so and that it was not his fault that he was denied admission. State v. Muhlenhardt, 399 N.W.2d 109 (Minn.App. 1987). Our examination of the record convinces us that the Court of Appeals erred in substituting its factfindings for those of the trial court.
The trial court must find that there has been a violation by clear and convincing evidence. Minn.R.Crim.P. 27.04, subd. 3(3); see, e.g., State v. Muhlenhardt, 399 N.W.2d 109 (Minn.Ct.App. 1987). In this case Ehmke has had multiple DWI convictions, including two aggravated convictions and several implied consent actions following his conviction in 1982.