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STATE v. HANSON

No. CX-84-1522.

360 N.W.2d 460 (1985)

STATE of Minnesota, Respondent, v. John R. HANSON, Appellant.

Court of Appeals of Minnesota.

January 15, 1985.

Attorney(s) appearing for the Case

Norbert P. Smith, North Mankato City Atty., Mankato, for respondent.

C. Paul Jones, State Public Defender, Mary C. Cade, Asst. Public Defender, Minneapolis, for appellant.

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

OPINION

RANDALL, Judge.

Appellant claims that the record of his prior D.W.I. conviction did not contain a valid waiver of right to counsel and, therefore, cannot be used to enhance his present D.W.I. conviction from a misdemeanor to a gross misdemeanor. We agree and reverse.

FACTS

Appellant was convicted of gross misdemeanor D.W.I., Minn.Stat. § 169.121, subd. 1(a) and subd. 3(a) (Supp.1983) for driving with an alcohol concentration...

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