(dissenting)
I respectfully dissent. The law regarding stays of adjudication is clear. District courts should only rarely interpose on prosecutorial discretion. State v. Foss, 556 N.W.2d 540, 541 (Minn.1996) (holding stays of adjudication should “be relied upon sparingly ” only when the prosecutor has clearly abused his or her discretion in charging and special circumstances exist). The legislature has also expressed its preference regarding stays. See Minn.Stat. § 609.095(b) (2000) (requiring a court to adjudicate a defendant’s guilt after he pleads guilty or is found guilty).
There is no contention that the prosecutor abused her discretion in charging respondent. Moreover, the facts here do not meet the “special circumstances” referenced in Krotzer. See State v. Krotzer, 548 N.W.2d 252, 254 (Minn.1996) (finding the situation “warranted unusual judicial measures” supported by “special circumstance”). A conviction in Krotzer would have resulted in a permanent label of sexual predator. Id. at 253. Here, the charge and consequential loss of a driver’s license is not out of line with respondent’s conduct, which was a felony. Cf. State v. Prabhudail, 602 N.W.2d 413, 415 (Minn.App.1999) (finding even misdemeanor conduct resulting in deportation does not meet “special circumstances” requirement), review denied (Minn. Jan. 18, 2000).
I would reverse the district court.