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MEEMKEN v. STATE

No. C2-02-1689.

662 N.W.2d 146 (2003)

James Joseph MEEMKEN, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

June 3, 2003.

Attorney(s) appearing for the Case

James Joseph Meemken, Stillwater Correctional Facility, Bayport, MN, pro se appellant.

Mike Hatch, Attorney General, Kelly O'Neill Moller, Assistant Attorney General, St. Paul, MN, and Roger S. Van Heel, Stearns County Attorney, St. Cloud, MN, for respondent.

Considered and decided by KALITOWSKI, Presiding Judge, LANSING, Judge, and MINGE, Judge.

OPINION

MINGE, Judge.

Appellant challenges the denial of postconviction relief from an upward departure in his sentence on the ground that the facts supporting the upward departure were not submitted to the jury, thus violating his right to due process, as established by Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Because appellant is collaterally attacking his conviction, and because...

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