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STATE v. SANDMOEN

No. C8-85-2369.

390 N.W.2d 419 (1986)

STATE of Minnesota, Respondent, v. Kelly SANDMOEN, Appellant.

Court of Appeals of Minnesota.

July 22, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., John R. Hawkinson, Bovey City Atty., Grand Rapids, for respondent.

C. Paul Jones, Public Defender, Mark F. Anderson, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by LESLIE, P.J., and FOLEY and WOZNIAK, JJ., with oral argument waived.

OPINION

FOLEY, Judge.

Kelly Lee Sandmoen appeals from a September 11, 1985 judgment of conviction for aggravated DWI following a court trial on stipulated facts. On appeal, he claims that the conviction is invalid and must be set aside since he did not waive his right to a jury trial as set out in Minn.R.Crim.P. 26.01, subd. 1(2)(a). He also argues that his uncounseled 1982 guilty plea to a DWI charge was improperly considered as a basis for enhancing the...

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