State v. Jordan

PHILLIPS, Judge.

Though the jury verdict was “[g]uilty of operating a vehicle on the highways of this State while under the influence of alcoholic beverages,” the judgment imposed was for a second offense of that crime. Defendant contends that this was error in that the State did not establish by either evidence or stipulation that defendant had been previously convicted of driving under the influence. We agree. The State’s contention that defendant stipulated to the previous conviction is not borne out by the record, which reflects only a colloquy between the court and the prosecutor to the…