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STATE v. SIMON

No. C1-83-751.

339 N.W.2d 907 (1983)

STATE of Minnesota, Appellant, v. Warren James SIMON, Respondent.

Supreme Court of Minnesota.

November 10, 1983.

Attorney(s) appearing for the Case

R. Kathleen Morris, Shakopee, for appellant.

Paul A.R. Mason, Le Sueur, for respondent.

Larkin, Hoffman, Daly & Lindgren and David G. Moeller, Minneapolis, amicus curiae.

Considered and decided by the court en banc without oral argument.

AMDAHL, Chief Justice.

In State v. Nordstrom, 331 N.W.2d 901 (Minn.1983), we held in part that a prior misdemeanor DWI conviction based on an uncounseled guilty plea cannot be used to convert a subsequent DWI offense into a gross misdemeanor under Minn.Stat. § 169.121, subd. 3 (1982), absent a valid waiver of counsel on the record of the prior proceeding. In Nordstrom there was no record and the guilty plea was...

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