Legal Opinion

In re the Welfare of L.G.S.

Court of Appeals of Minnesota

Decided August 26, 1997No. CX-96-2563Published

1Opinion of the Court

*183OPINION

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 modify the adjudication accordingly.

FACTS

Appellant L.G.S., age 16, was charged by petition with gross misdemeanor assault in the fifth degree in violation of Minn.Stat. § 609.224, subd. 2. A year…

2Cases cited11 opinions

  1. Hibbing Education Ass'n v. Public Employment Relations BoardSupreme Court of Minnesota · 1985
  2. State v. JohnsonSupreme Court of Minnesota · 1994
  3. State v. BerkelmanSupreme Court of Minnesota · 1984
  4. State v. HaasSupreme Court of Minnesota · 1968
  5. T.S.W. v. StateDistrict Court of Appeal of Florida · 1986

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API