Williams v. StateAnnotate this Case
A defendant who files a motion under Minn. R. Crim. P. 27.03, subd. 9 to correct a sentence after the time for direct appeal has passed bears the burden to prove the sentence was based on an incorrect criminal history score.
The Supreme Court affirmed the judgments of the district courts denying Appellant’s motions to correct his sentence under Minn. R. Crim. P. 27.03(9), which Appellant filed after the time to file a direct appeal had expired. In his motions, Appellant argued that two Minnesota district courts miscalculated his criminal history score because those courts treated his two Illinois drug-related convictions as felonies. The court of appeals affirmed the denial of the motions. The Supreme Court affirmed, holding that Appellant had the burden to prove that the Illinois convictions were improperly included in his criminal history score and that Appellant failed to meet this burden.