State v. Oster

— We are asked to determine the adequacy *143of a “to convict” jury instruction that omits prior convictions which act as an element of the charged crime. The State charged Gregory E. Oster with felony violation of a domestic violence no contact order. A single violation of a domestic violence no contact order (no contact order)1 is a gross misdemeanor, but is elevated to a felony when a jury finds that the defendant has two or more prior convictions for the same crime.2 The “to convict” instruction in this case contained all the elements for a misdemeanor violation of a no contact order, but not…