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STATE v. BROWN

Nos. C1-83-1706, C6-83-1801.

346 N.W.2d 187 (1984)

STATE of Minnesota, Appellant, v. Donald Eugene BROWN, Respondent, Craig Allen Larson, Respondent.

Court of Appeals of Minnesota.

March 21, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Linda F. Close and Joel A. Watne, Sp. Asst. Attys. Gen., St. Paul, John Lervick, City Atty., David R. Battey, Asst. City Atty., Scott T. Johnson, Asst. County Atty., Alexandria, for appellant.

C. Paul Jones, State Public Defender, Robert D. Goodell, Mark F. Anderson, Asst. Public Defenders, Minneapolis, and Neil E. Johnson, Asst. Public Defender, Long Prairie, for respondents.

Heard, considered and decided by FOLEY, P.J., WOZNIAK and SEDGWICK, JJ.

OPINION

FOLEY, Judge.

The State appeals dismissal of gross misdemeanor DWI charges against defendants. The trial court held that defendants' prior misdemeanor DWI convictions based on uncounseled guilty pleas may not be used to convert their current DWI offenses into gross misdemeanors because: 1) defendants did not validly waive their right to counsel, and 2) defendants were not informed of their rights in accordance with Minn.R.Crim.P. 15.02 or 15.03....

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