STATE v. KUHLMANN

No. A09-0915.

806 N.W.2d 844 (2011)

STATE of Minnesota, Respondent, v. Brent Theodore KUHLMANN, Appellant.

Supreme Court of Minnesota.

December 21, 2011.


Attorney(s) appearing for the Case

Lori Swanson , Attorney General, John B. Galus , Assistant Attorney General, St. Paul, MN; and Janelle Kendall , Stearns County Attorney, St. Cloud, MN, for respondent.

David W. Merchant , Chief Appellate Public Defender, G. Tony Atwal , Assistant State Public Defender, St. Paul, MN, for appellant.


OPINION

PAGE, Justice.

This case presents the issue of whether a defendant whose counsel stipulates to the defendant having previous convictions that are an element of the charged offense must also personally waive his or her right to a jury trial on the stipulated element. Appellant Brent Theodore Kuhlmann was convicted after a jury trial of one count of domestic assault, in violation of Minn.Stat. § 609.2242, subd. 4 (2010), and one count of test...

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