State v. Clark

OPINION

PARKER, Judge.

Appellant Jack Clark was convicted after a jury trial of one count of second-offense D.W.I. under Minn.Stat. § 169.121, subd. 3(a) (1982), and the aggravated violation of driving after revocation under Minn.Stat. § 169.129 (1982). On appeal he contends the State failed to prove a valid waiver of counsel for his prior D.W.I., so that the prior conviction may not be used to convert the later D.W.I. offense into a gross misdemeanor. He also contends his prior conviction should not have been submitted to the jury and that he cannot be convicted of an aggravated violation…