STATE v. GE HER

No. A13-1586.

843 N.W.2d 590 (2014)

STATE of Minnesota, Respondent, v. GE HER, Appellant.

Court of Appeals of Minnesota.

March 10, 2014.


Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN; and Steven Collins , Redwood County Attorney, Redwood Falls, MN, for respondent.

Cathryn Middlebrook , Chief Appellate Public Defender, Steven P. Russett , Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by PETERSON, Presiding Judge; HUDSON, Judge; and STAUBER, Judge.


OPINION

HUDSON, Judge.

Appellant, who was convicted of violating predatory-offender registration requirements, challenges the imposition of a statutorily mandated ten-year conditional-release term for risk-level-III offenders. He argues that an offender's risk level at the time of the violation is a fact that increases the statutory-maximum sentence, and therefore, pursuant to Apprendi and Blakely, must be determined by a jury, not the judge...

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