State of Minnesota v. Rosalio Martinez, Jr.

Syllabus

Appellant Rosalio Martinez Jr. challenges his conviction, following a jury trial, for second-degree driving while impaired—refusal to submit to a chemical test of his blood or urine (DWI test refusal). He argues that the prosecutor's introduction of a summary of his prior convictions into evidence—which the district court allowed pursuant to Minnesota Rule of Evidence 1006—violated his constitutional right to confront witnesses. Martinez also contends that his conviction must be reversed because the district court's jury instruction for DWI test refusal provided an inaccurate definition of the legal concept of probable cause. Because the admission of the summary of Martinez's prior convictions into evidence violated Martinez's constitutional right to confront witnesses, and the error was prejudicial, we reverse and remand for a new trial.