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351 N.W.2d 15

State v. Lala

Supreme Court of Minnesota

Decided July 13, 1984

Supreme Court of Minnesota · decided 1984-07-13

Cited by 1 later decisions — most recently August 1997

1 state decisions

Relies on State v. Leonard

Good law ✅— No negative treatment on recordhow we know

Decided 1984-07-13

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SIMONETT, Justice.

¶1Defendant 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.

¶2Affirmed as modified; remanded for sentencing.

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