State v. Meger

At issue was whether State v. Her, 862 N.W.2d 692 (Minn. 2015), applies retroactively to sentences that were imposed and became final before Her was decided. In Her, the Supreme Court ruled that the fact that a defendant was a risk-level-III offender at the time of the offense of failing to register as a predatory offender must be admitted by the defendant or found by a jury beyond a reasonable doubt before a court may impose a ten-year period of conditional release as part of the defendant’s sentence. The district court in this case granted Respondent’s motion to correct his sentence, concluding that Respondent’s ten-year conditional-release term was illegal because Her applied to the sentence. The Supreme Court reversed, holding that Her announced a new rule of constitutional criminal procedure that does not apply to the collateral review of Respondent’s sentence. View "State v. Meger" on Justia Law

Posted in: Criminal Law

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