State v. Sandmoen

OPINION

FOLEY, Judge.

Kelly Lee Sandmoen appeals from a September 11, 1985 judgment of conviction for aggravated DWI following a court trial on stipulated facts. On appeal, he claims that the conviction is invalid and must be set aside since he did not waive his right to a jury trial as set out in Minn.R.Crim.P. 26.-01, subd. l(2)(a). He also argues that his uncounseled 1982 guilty plea to a DWI charge was improperly considered as a basis for enhancing the current charge to a gross misdemeanor when documentation introduced by the prosecutor failed to establish a factual basis for the former…