State v. Lala

Supreme Court of Minnesota

State v. Lala

351 N.W.2d 15, 1984 Minn. LEXIS 1397

CourtSupreme Court of Minnesota

DecidedJuly 13, 1984

DocketNo. C9-83-545

StatusPublished

Cited by1 cases

This text of 351 N.W.2d 15 (State v. Lala) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Lala, 351 N.W.2d 15, 1984 Minn. LEXIS 1397 (Mich. 1984).

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Opinion

SIMONETT, Justice.

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.

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SIMONETT, Justice.

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.

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351 N.W.2d 15, 1984 Minn. LEXIS 1397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lala-minn-1984.

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