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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.
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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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Richard P. Clem, Attorney
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e-mail: clem.law@usa.net
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