Minnesota Court of Appeals, 1985

State v. Eliason

Minnesota Court of Appeals · Decided January 22, 1985 · Popovich, Randall, Crippen

361 N.W.2d 103; 1985 Minn. App. LEXIS 3769 (North Western Reporter, Second Series)

Counsel

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Michael 0. Lynch, Willmar, for respondent., John D. Holbrook, Willmar, for appellant.

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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.

(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1985, among the opinions in this site’s citation index.

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Minnesota statutes cited

Sections of the Minnesota Statutes this opinion cites.

Minn. Stat. § 169.121

Cases that cite this one

2 later published cases cite this decision.

State v. Marty (Minn. Ct. App. 1985)
State v. Clark (Minn. Ct. App. 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

SUMMARY OPINION

POPOVICH, Chief Judge.

FACTS

On December 10, 1983 about 1:00 a.m. a Kandiyohi County deputy sheriff observed an unattended automobile stuck in a ditch. Appellant Michael Eliason was observed walking approximately three-fourths of a mile from the vehicle. Upon questioning, appellant confirmed he was the operator of the vehicle. He initially said the car was ditched because he ran out of gas. Then he claimed he pushed the car in the ditch. Finally, he admitted driving the car into the ditch. The officer noted numerous signs of intoxication including the odor of alcohol on appellant’s breath, bloodshot and watery eyes, and a swaying motion while he stood. Appellant was arrested for D.W.I. and a subsequent breathalyzer test revealed a .13 alcohol concentration.

At trial, appellant claimed he drove the car into the ditch and then began walking to his girlfriend’s house. He said he took an eight ounce bottle of schnapps from the trunk and consumed the beverage while walking. The jury convicted appellant of gross misdemeanor D.W.I. under Minn. Stat. § 169.121, subds. 1(a), (d), 3(a) (Supp. 1983).

Appellant claims the trial court erred by allowing a prior April 1, 1983 D.W.I. conviction to be presented to the jury as an element of his current offense because he was willing to stipulate the former conviction existed.

DECISION

1. The Minnesota Supreme Court in State v. Berkelman, 355 N.W.2d 394 (Minn. 1984), said while it may have been error for a trial court to reject appellant’s offer to stipulate to the prior conviction, the error was not so prejudicial as to require a new trial. The trial court decided this matter before Berkelman, and we do not believe the trial court’s error was so prejudicial as to require a new trial. In cases tried subsequent to Berkelman, however, trial courts are required to accept such stipulations. See State v. Braun, 354 N.W.2d 886, 887 (Minn.Ct.App. 1984), pet. for rev. denied, (Minn. Sept. 13, 1984).

2. Appellant contends the evidence was insufficient to sustain his conviction. The officer’s testimony, which the jury was entitled to believe, is sufficient to sustain appellant’s conviction. The jury was entitled to reject appellant’s claim he drank a bottle of schnapps only after the car was in the ditch. Based on the officer’s testimony of the indicia of intoxication and the results of the breathalyzer test, the jury could find appellant was intoxicated when he drove into the ditch.

Affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.