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STATE OF MINNESOTA IN COURT OF APPEALS A09-915 State of Minnesota, Respondent, vs. Brent Theodore Kuhlmann, Appellant. Filed April 6, 2010 Affirmed Lansing, Judge Stearns County District Court File No. 73-CR-08-13442 ______________________________ Lori Swanson, Attorney General, St. Paul, Minnesota; and Janelle P. Kendall, Stearns County Attorney, Patrick M. Moen, Assistant County Attorney, St. Cloud, Minnesota (for respondent) David W. Merchant, Chief Appellate Public Defender, G. Tony Atwal, Assistant Public Defender, St. Paul, Minnesota (for appellant) _______________________________ Considered and decided by Halbrooks, Presiding Judge; Lansing, Judge; and Schellhas, Judge. SYLLABUS A district court's failure to instruct the jury on all elements of a charged criminal offense is reviewed on appeal under a plain-error standard when there is no objection to the jury instruction at trial. This plain-error review extends to a defendant's challenge to

a jury instruction as incomplete when the defendant's stipulation to elements based on prior convictions did not include an informed, personal waiver of a jury trial on those elements. OPINION LANSING, Judge In this appeal from conviction of felony domestic assault and second-degree driving while impaired, Brent Kuhlmann argues that because his stipulation to jury instructions without the conviction-based elements of the offenses did not include his personal, informed waiver of a jury trial on these elements, a new trial is required. Because there was no objection to the district court's jury instructions at trial, we review the challenge on appeal under a plain-error standard. Applying the plain-error standard, we conclude that the fairness and integrity of judicial proceedings were not affected, and we affirm. FACTS The state charged Brent Kuhlmann with two counts of felony domestic assault for his physical conduct both outside and inside his house on the night of October 16, 2008. When Kuhlmann declined to take a chemical test after his arrest, he was also charged with second-degree driving while impaired based on his condition earlier that same night when he was driving his fianc

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