State v. Braun

OPINION

WOZNIAK, Judge.

CERTIFIED QUESTION: May the State offer to the jury evidence of defendant’s prior D.W.I. conviction as an element of a gross misdemeanor prosecution under Minn.Stat. § 169.121 (1982)?

I

Braun was charged with a gross misdemeanor under the enhancement provision of Minn.Stat. § 169.121, subd. 3(a) (1982) based on prior D.W.I. convictions. Braun is willing to stipulate to the prior convictions to remove them from jury consideration. The State insists on its right to present to the jury evidence of prior convictions notwithstanding the offer to stipulate.

In State v. Berkelman,…