2005 Minnesota Statutes - 609.13 — Convictions of felony or gross misdemeanor; when deemed misdemeanor or gross misdemeanor.

     609.13 Convictions of felony or gross misdemeanor; when 
  deemed misdemeanor or gross misdemeanor. 


    Subdivision 1.    Felony.  Notwithstanding a conviction 
 is for a felony: 


    (1) the conviction is deemed to be for a misdemeanor or a 
 gross misdemeanor if the sentence imposed is within the limits 
 provided by law for a misdemeanor or gross misdemeanor as 
 defined in section 609.02; or 


    (2) the conviction is deemed to be for a misdemeanor if the 
 imposition of the prison sentence is stayed, the defendant is 
 placed on probation, and the defendant is thereafter discharged 
 without a prison sentence.  


    Subd. 2.    Gross misdemeanor.  Notwithstanding that a 
 conviction is for a gross misdemeanor, the conviction is deemed 
 to be for a misdemeanor if: 


    (1) the sentence imposed is within the limits provided by 
 law for a misdemeanor as defined in section 609.02; or 


    (2) if the imposition of the sentence is stayed, the 
 defendant is placed on probation, and the defendant is 
 thereafter discharged without sentence.  


    Subd. 3.    Misdemeanors.  If a defendant is convicted 
 of a misdemeanor and is sentenced, or if the imposition of 
 sentence is stayed, and the defendant is thereafter discharged 
 without sentence, the conviction is deemed to be for a 
 misdemeanor for purposes of determining the penalty for a 
 subsequent offense. 


    HIST: 1963 c 753 art 1 s 609.13; 1971 c 937 s 21; 1986 c 435 s 
 6; 1986 c 444; 1993 c 326 art 2 s 10