Axness v. Superior Court

ANDERSON, P. J., Concurring and Dissenting.

I concur in my colleagues’ opinion insofar as it recognizes appellant’s right to challenge the constitutionality of the Minnesota conviction by mandamus against the department in a California court. I respectfully dissent from that portion of the opinion which holds the Minnesota conviction invalid and reverses the trial court’s denial of the petition. I quite agree with the majority that a driver who leaves California does not leave behind his federal constitutional rights, and I further agree that in testing the constitutionality of out-of-state…