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STATE OF MINNESOTA IN COURT OF APPEALS A09-191 State of Minnesota, Respondent, vs. Calhoun Fluker, Appellant. Filed April 27, 2010 Affirmed Minge, Judge Ramsey County District Court File No. 62-K3-07-002087 Lori Swanson, Attorney General, St. Paul, Minnesota; and Susan Gaertner, Ramsey County Attorney, Tamara L. McConkey, Assistant County Attorney, St. Paul, Minnesota (for respondent) David W. Merchant, Chief Appellate Public Defender, Rochelle R. Winn, Assistant Public Defender, St. Paul, Minnesota (for appellant) Considered and decided by Kalitowski, Presiding Judge; Minge, Judge; and Bjorkman, Judge. SYLLABUS The absence of a defendant's personal waiver of his right to a jury trial when stipulating to elements of an offense is error that may be subject to the harmless-error analysis.

OPINION MINGE, Judge Appellant challenges his conviction for failure to register as a predatory offender, arguing that the district court's failure to obtain his personal waiver of his right to a jury trial on two stipulated elements of the offense requires automatic reversal. We affirm. FACTS Appellant Calhoun Fluker, III, was required to register with law enforcement as a predatory offender. In September 2006, appellant notified the Minnesota Department of Public Safety of his current primary address. Following a May 2007 investigation, the Ramsey County Sheriff's Department determined that appellant no longer resided at that address and had not notified law enforcement of a new primary address. The state charged appellant with violation of the predatory-offender-registration requirement under Minn. Stat.

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