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MEYER v. STATE EX REL. DEPT. OF REVENUE

No. 88-2.

767 P.2d 617 (1989)

Richard MEYER, Petitioner, v. STATE of Wyoming, ex rel., DEPARTMENT OF REVENUE AND TAXATION, Respondent.

Supreme Court of Wyoming.

January 24, 1989.

Attorney(s) appearing for the Case

Robert J. Reese of Reese & Mathey, Green River, for petitioner.

Joseph B. Meyer, Atty. Gen., Peter J. Mulvaney, Deputy Atty. Gen., and Mark Quiner, Asst. Atty. Gen., for respondent.

Before CARDINE, C.J., THOMAS, URBIGKIT and MACY, JJ., and BROWN, J. Retired.

CARDINE, Chief Justice.

This appeal is from a hearing examiner's order suspending appellant's driver's license for his driving under the influence conviction in municipal court. The issue presented for our determination is whether the driving under the influence conviction is valid in the absence of entry of a formal plea before his jury trial.

We hold that the hearing examiner was without authority to determine the validity of appellant's criminal conviction...

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