STATE v. WENDROTH

No. C5-84-228.

352 N.W.2d 133 (1984)

STATE of Minnesota, Appellant, v. Christian Lee WENDROTH, Respondent.

Court of Appeals of Minnesota.

July 31, 1984.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Roger S. Van Heel, Stearns County Atty., John D. Ellenbecker, Asst. County Atty., St. Cloud, for appellant.

Robert D. Schaps, Litchfield, for respondent.

Considered and decided by POPOVICH, C.J., and PARKER and CRIPPEN, JJ., with oral argument waived.


OPINION

CRIPPEN, Judge.

The state appeals two evidentiary rulings of the trial court in a prosecution for gross misdemeanor DWI. The trial court ordered that respondent's prior DWI conviction would not be revealed to the jury and that statements made by respondent prior to a Miranda warning were inadmissible. The state contends the prior DWI conviction is a necessary element of the offense charged which must be revealed to the jury and that no

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