State v. Kirby

The Supreme Court vacated Defendant’s sentence of 161 months in prison for his conviction of first-degree possession of methamphetamine, holding that resentencing was required under sentencing grid as amended by the Drug Sentencing Reform Act (DSRA). The DSRA, which took effect while Defendant’s case was on appeal, reduced the presumptive sentencing range under the Minnesota Sentencing Guidelines drug offender sentencing grid for Defendant’s crime. The Supreme Court held that Defendant must be resentenced under the DSRA-amended sentencing grid because the amelioration doctrine applied to Defendant, whose conviction was not yet final when the DSRA took effect. View "State v. Kirby" on Justia Law