MATTER OF WELFARE OF L.G.S.

No. CX-96-2563.

568 N.W.2d 182 (1997)

In the Matter of the WELFARE OF L.G.S.

Court of Appeals of Minnesota.

August 26, 1997.


Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Charlann E. Winking, Assistant State Public Defender, Minneapolis, for Appellant L.G.S.

Hubert H. Humphrey, III, Attorney General, St. Paul, Alan Mitchell, St. Louis County Attorney, Melanie S. Ford, Assistant County Attorney, Duluth, for Respondent State.

Considered and decided by WILLIS, P.J., and HUSPENI and SCHULTZ, JJ.


OPINION

HUSPENI, Judge.

Appellant L.G.S. challenges the use of a prior juvenile adjudication for assault to enhance a current assault charge to a gross misdemeanor. Because the prior juvenile adjudication does not constitute a prior "conviction" within the meaning of Minn.Stat. § 609.224, subd. 2 (1996), the trial court erred in adjudicating appellant for a gross misdemeanor violation. We affirm, but...

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