State v. Hanson

OPINION

RANDALL, Judge.

Appellant claims that the record of his prior D.W.I. conviction did not contain a valid waiver of right to counsel and, therefore, cannot be used to enhance his present D.W.I. conviction from a misdemeanor to a gross misdemeanor. We agree and reverse.

FACTS

Appellant was convicted of gross misdemeanor D.W.I,, Minn.Stat. § 169.121, subd. 1(a) and subd. 3(a) (Supp.1983) for driving with an alcohol concentration of .10 within five years of a previous conviction. The omnibus court ruled that the record of appellant’s prior 1981 D.W.I. conviction showed that in entering a plea…