State v. DefatteAnnotate this Case
The Supreme Court affirmed the decision of the court of appeals reversing the judgment of the district court granting Defendant's motion to strike for lack of probable cause count 3, domestic assault with intent to cause fear in another of immediate bodily harm, which was charged as a felony under Minn. Stat. 609.2242, subd. 4, holding that the unambiguous language of the statute supported the felony charges.
In moving to strike count 3, Defendant argued that using his previous convictions to enhance count 3 to a felony was inconsistent with Minn. Stat. 609.035, which prohibits multiple punishments for the same course of conduct. The district court granted the motion. The court of appeals reversed, concluding that section 609.035 did not prohibit enhancement under subdivision 4. The Supreme Court affirmed, holding that the domestic abuse charges against Defendant qualified for the enhancement provided by subdivision 4.