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STATE v. BRAUN

No. C3-84-616.

354 N.W.2d 886 (1984)

STATE of Minnesota, Respondent, v. Gerald Earl BRAUN, Appellant.

Court of Appeals of Minnesota.

September 25, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Greggory J. Woods, City Atty., St. Peter, for respondent.

Steven J. Meshbesher, Minneapolis, for appellant.

Considered and decided by POPOVICH, C.J., and FOLEY and WOZNIAK, JJ., with oral argument waived.

OPINION

WOZNIAK, Judge.

CERTIFIED QUESTION: May the State offer to the jury evidence of defendant's prior D.W.I. conviction as an element of a gross misdemeanor prosecution under Minn.Stat. § 169.121 (1982)?

I.

Braun was charged with a gross misdemeanor under the enhancement provision of Minn.Stat. § 169.121, subd. 3(a) (1982) based on prior D.W.I. convictions. Braun is willing to stipulate to the prior convictions to remove them...

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