Lapenotiere v. State

The Supreme Court held that a “school zone,” as defined by Minn. Stat. 152.01(14)(a), includes the entire area of a city block that is situated kitty-corner to school property when the land surrounding the school property is organized in a city-block system.Appellant was convicted of second-degree sale of a controlled substance in a school zone. Appellant filed a petition for postconviction relief arguing that the State had failed to prove that the drug sale at Appellant’s home occurred within 300 feet of school property and, therefore, did not prove that the sale occurred in a school zone. The postconviction court denied the petition, concluding that the entire area of Appellant’s block was included in the school zone. The court of appeals affirmed. The Supreme Court affirmed, holding (1) when the area surrounding school property is organized in a city-block system, as in this case, the school zone, as defined in section 152.01(14)(a)(2), includes the entire area of a city block that is kitty-corner to the school property; and (2) the evidence was sufficient to prove the school-zone element of second-degree sale of a controlled substance in a school zone. View "Lapenotiere v. State" on Justia Law