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State of Minnesota v. Michael David Franklin. MN criminal law, enhanced sentence
Minn. Stat. 609.1095 provides for an enhanced sentence for a sixth felony. In this appeal from Polk County, the Minnesota Supreme Court held that for purposes of determining whether there have been five or more prior felonies, any felony conviction that has been deemed a misdemeanor by operation of Minn. Stat. 609.13 before an offender is sentenced on the current offense may not be considered.
No. A13-1129 (Minn. Mar. 11. 2015)
Please see the original opinion for the court's exact language.
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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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