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State v. Lala

Supreme Court of Minnesota
Jul 13, 1984
351 N.W.2d 15 (Minn. 1984)

Opinion

No. C9-83-545.

July 13, 1984.

Appeal from the District Court, Anoka County, Spencer Sokolowski, J.

C. Paul Jones, Public Defender, Ann Remington, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Norman B. Coleman, Jr., Joel A. Watne, Asst. Attys. Gen., St. Paul, Carl Newquist, Fridley City Atty., Fridley, for respondent.

Considered and decided by the court en banc without oral argument.


Defendant was found guilty in district court of violating Minn.Stat. § 169.121, subd. 3 (1982), which converts a misdemeanor DWI offense into a gross misdemeanor DWI offense when the current violation was within 5 years of a "prior conviction" under section 169.121. The "prior conviction" on which the prosecutor relied was a prior juvenile adjudication as a major traffic offender on the basis of a violation of section 169.121. In State v. Leonard, 336 N.W.2d 271, 272 (Minn. 1983), we held "that a prior juvenile adjudication as a 'major traffic offender' on the basis of a violation of section 169.121 does not constitute a prior 'conviction' within the meaning of section 169.121, subd. 3." Based on our decision in Leonard, we reduce defendant's conviction from a gross misdemeanor to a misdemeanor and remand for sentencing, which was stayed pending this appeal.

Affirmed as modified; remanded for sentencing.


Summaries of

State v. Lala

Supreme Court of Minnesota
Jul 13, 1984
351 N.W.2d 15 (Minn. 1984)
Case details for

State v. Lala

Case Details

Full title:STATE of Minnesota, Respondent, v. Nicholas Edward LALA, Appellant

Court:Supreme Court of Minnesota

Date published: Jul 13, 1984

Citations

351 N.W.2d 15 (Minn. 1984)

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