Sentencing – Conditional Release

cassiejohnson//July 6, 2015//

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Appellant challenged the District Court’s denial of his motion to correct his sentence, arguing that the conditional-release portion of his sentence is unauthorized by law. Appellant asserted that the plea record does not show that he committed the offenses on or after August 1, 1992. Accordingly, he argued, the conditional-release portion of his sentence was unauthorized by law, since no statute that was applicable on the date(s) of his offenses provided for the inclusion of a conditional-release period in a sentence for second-degree criminal sexual conduct. The Court of Appeals held that appellant’s admission at his plea hearing—that the sexual contact with which he was being charged “took place in a time frame probably as far back as 1992”—was tantamount to an admission that the sexual contact had occurred “since” 1992. Affirmed.

A14-1844 Wheeler v. State (Crow Wing County)

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