Cook

Pursuant to Vehicle Code, section 15023, subdivision (a) (2), the Department of Motor Vehicles received notification that defendant had been convicted of driving while intoxicated on October 14, 1969, in the State of Arizona, and also was convicted of driving while intoxicated on January 11, 1971, in the State of Florida. Pursuant to Vehicle Code, section 13352, subdivision (c), on August 17, 1971, defendant’s driving privilege was suspended by the State of California for a one-year period commencing January 11, 1971.

Defendant filed a petition for writ of mandate in the superior court to compel the Department of Motor Vehicles to annul its order of August 17, 1971. The petition alleged that the Department of Motor Vehicles in making its order of suspension exceeded its jurisdiction in that both out-of-state convictions were constitutionally invalid.

The Department of Motor Vehicles brought a motion to dismiss the action. The court dismissed the writ of mandate pursuant to said motion and discharged the alemative writ of mandate because it was then moot. The dismissal was granted pursuant to Thomas v. Department of Motor Vehicles, 3 Cal.3d 335 [ 90 Cal.Rptr. 586 , 475…