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DRAKE v. FRIEDMAN

No. 45755.

238 N.W.2d 210 (1976)

Vicki DRAKE, Respondent, v. S. Allen FRIEDMAN, as Administrator of the Hennepin County Municipal Court, Respondent, and Edward G. Novak, Commissioner of Public Safety, etc., Appellant.

Supreme Court of Minnesota.

January 16, 1976.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Frederick S. Suhler, Jr., and Joel A. Watne, Sp. Asst. Attys. Gen., St. Paul, for appellant.

Lynn S. Castner, Minneapolis, for Drake.

Gary Flakne, County Atty., Jerome Chapman, Asst. County Atty., Minneapolis, for Friedman.

Heard before SHERAN, C. J., and ROGOSHESKE, PETERSON, KELLY and YETKA, JJ., and considered and decided by the court en banc.

PETERSON, Justice.

The issue for decision is whether, as a matter of statutory construction, a court shall or shall not report to the commissioner of public safety a conviction for violation of Minn.St. 169.121, subd. 1, if the court stays imposition of sentence pursuant to § 169.121, subd. 6. Relevant parts of the statutes are stated below.1 We hold that a conviction, where imposition of sentence is stayed, shall not be reported...

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