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NICOLINO v. COZENS

Docket No. 32209.

33 Cal.App.3d 1024 (1973)

109 Cal. Rptr. 498

JAMES B. NICOLINO, Plaintiff and Appellant, v. ROBERT COZENS, as Director, etc., Defendant and Respondent.

Court of Appeals of California, First District, Division Two.

August 20, 1973.

Attorney(s) appearing for the Case

COUNSEL

Layne, Brodie & Germino and Donald M. Layne for Plaintiff and Appellant.

Evelle J. Younger, Attorney General, and Victor D. Sonenberg, Deputy Attorney General, for Defendant and Respondent.

OPINION

THE COURT

Appellant contends that the Department of Motor Vehicles was not authorized to suspend his driving privileges pursuant to subdivision (c) of section 13352 of the Vehicle Code where the trial court recommended that there be no suspension, after striking a prior conviction without an express determination as to its validity. He contends in the alternative that, if the department is so empowered to act under section...

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