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The effect is that the case will be submitted to the jury as an ordinary DWI case.” n.2 (Minn. 1984).

But a defendant may waive his right to a jury trial on an element of an offense by “judicially admit[ting] the existence of that element, thereby removing the issue from the case.”

d 394, 396 (Minn. 1984) , which held that a defendant on a charge of aggravated DWI should have let the defendant stipulate to his prior DWI conviction, which was an essential element of the charge, and thus remove that issue from the jury, but that the error in not accepting the stipulation was not so prejudicial as to

7, 2022) () ; see also Minn. R. Civ.

n.2 (Minn. 1984) (“By judicially admitting the existence of the element of the prior conviction, the defendant 2 Hansmann directs us to cases regard ing sufficiency of trial evidence, which we typically review under a deferential standard.

(- 97 (Minn. 1984)), reversed and remanded, (Minn. Aug.

State v. Wemyss , d 802, 808 (Minn. App. 2005) (Wemyss I) (- 97 (Minn. 1984)), reversed and remanded, (Minn. Aug.

But a defendant may stipulate to an element of the offense, “thereby removing the issue from the case.”

“[A] prior conviction is an element of the offense of aggravated DWI.”

Appellant relies on three cases: WL 817266 (Minn. App. Mar.

(stating that defendants should generally be able to remove a conviction-based element from the jury through stipulation, but leaving open the possibility that such evidence may be admitted on other grounds when its probative value outweighs the danger of unfair prejudice).

-62 (Minn. App. 1985) (holding that district courts “must accept an unequivocal judicial admission of a prior DWI and let the defendant remove from the jury the issue of whether he had prior DWI convictions”); n.2 (Minn. 1984) (noting that if a defendant 7 concedes a prior DWI conviction, evidence regarding the conviction should not be admitted unless it is relevant to a disputed issue because of its “great potential for being improperly used”).

A “prior conviction is an element which the state must prove at trial and which [the] defendant has a right to have a jury decide.” d 394, 396 (Minn. 1984).

Making this stipulation “remov[ed] the issue from the case,” and the predicate conviction prohibiting appellant from possessing a firearm was not presented to the jury.

A defendant may elect to waive his right to a jury trial on one element of an offense and admit the existence of that element, “thereby removing the issue from the case.”

But a defendant may stipulate to an element of the offense, “thereby removing the issue from the case.” d 394, 397 (Minn. 1984).

A defendant may stipulate to an element of the offense, thereby “removing the issue from the case.”

Evidence of a defendant’s prior DWI conviction usually is inadmissible in a prosecution for the same because of its “great potential for being improperly used.” , 397 n. 2 (Minn.1984) (citing Minn. R. Evid.

See, -12 (Minn.1984); see also Old Chief v. United States, 519 U.S. 172, 191-92 , 117 S.Ct.

(noting that defendant “in effect offered” to waive jury trial on element of prior DWI conviction within five years by agreeing to stipulate to that fact).