State of Minnesota v. Carl Lee Nodes. MN lifetime conditional release, sex offender
In this criminal appeal from Itasca County, the Minnesota Court of Appeals held: A prior sex offense conviction as defined by Minn. Stat. 609.3455 exists only after a formal judgment of conviction has been recorded. No conviction presently before the sentencing court is a previous or prior sex offense conviction under that statute.
The trial court had declined to impose a lifetime conditional release period after Nodes' was convicted of molesting two children, ages 3 and 5, in two separate incidents. The trial court had imposed sentences of 172 months and 72 months for the two offenses, and noted that Nodes would be subject to a ten-year, but not lifetime, conditional release period. However, the trial court stayed execution of the two sentences. According to a news account, Nodes' probation included a requirement that he serve a local confinement of 365 days.
The state brought this appeal to the Minnesota Court of Appeals, but the Court of Appeals affirmed the sentence.
No. A13-1722 (Minn. Ct. App. June 16, 2014).
Please see the original opinion for the court's exact language.
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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