In a Stipulated Facts Trial, Court May Rely Upon Complaint That Has Been Admitted Without Restriction to Support Findings.

State v. Eller, Minn.Ct.App., 3/30/2010.  The trial court convicted Mr. Eller of gross misdemeanor driving while impaired following a stipulated facts trial, Minn.R.Crim.Proc. 26.01, Subd. 3.  For some elucidation of this rule see here, and here. 

On appeal, Mr. Eller argued that the state failed to present sufficient evidence of the prior refusal conviction, which is an element of the offense.  At trial, the court had received three exhibits from the state without objection:  the amended complaint, a DVD of the implied consent reading, and the police report.  The trial court also received without objection three other exhibits – a hand drawn exhibit and two implied consent advisories – as evidence.  Mysteriously, the state failed to introduce a certified copy of the prior conviction even though it was apparently buried somewhere on counsel table.

When a prior conviction is an element of a charged offense, proof of the prior conviction can be “established by competent and reliable evidence, including a certified court record of the conviction.” Minn. Stat. § 609.041 (2006).  The appellate court concludes that this language does not limit proof of the prior conviction to a certified court record.  In addition, a sworn statement – say, from the factual portion of the complaint –which both parties have stipulated may be admitted into evidence without restriction can also suffice.  Counsel did not qualify his stipulation to the admission of the complaint so the trial court was free to rely upon it to support a finding of the existence of the prior conviction.

Mr. Eller made a couple of other arguments, which the appellate court rejected.