State v. Franklin
Annotate this CaseDefendant pled guilty to a fourth-degree controlled substance violation. After finding that Defendant was a career offender under Minn. Stat. 609.1095(4), the district court imposed a sentence of sixty-six months, a double upward departure from the thirty-three-month presumptive sentence under the Minnesota Sentencing Guidelines. The court of appeals reversed and remanded for resentencing, concluding (1) one of Defendant’s felony convictions did not meet the requirements of the career-offender statute because it had been deemed a misdemeanor before Defendant was sentenced, and (2) therefore, Defendant could not be sentenced as a career offender because he did not have five prior felony convictions. The Supreme Court affirmed, holding that, under the plain language of section 609.1095(4), a felony conviction that has been deemed a misdemeanor by operation of Minn. Stat. 609.13 before an offender is sentenced for the current offense may not be considered when determining whether the offender has five or more prior felony convictions.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.