State v. StrobelAnnotate this Case
The Supreme Court affirmed the decision of the court of appeals reversing Defendant's sentence on the basis that the district court had misapplied Minn. Sent. Guidelines 2.B.7.a, holding that the classification of a prior offense is determined by reference to the statute setting forth the elements of the crime, rather than by reference to Minn. Stat. 609.02 defining "felony" and "gross misdemeanor."
Defendant was convicted of first-degree sale of a controlled substance. After the district court sentenced Defendant he appealed, arguing that his criminal-history score was improperly calculated because the district court had misapplied section 2.B.7.a. The court of appeals agreed and remanded to the district court for resentencing. The Supreme Court affirmed, holding that the term "offense definitions" in section 2.B.7.a means the element-based definition of a crime under the statute setting forth a particular offense.