STATE v. FRANKLIN

No. A13-1129.

847 N.W.2d 63 (2014)

STATE of Minnesota, Respondent, v. Michael David FRANKLIN, Appellant.

Court of Appeals of Minnesota.

May 27, 2014.


Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN; and Gregory A. Widseth , Polk County Attorney, Scott Allen Buhler , Assistant County Attorney, Crookston, MN, for respondent.

Cathryn Middlebrook , Chief Appellate Public Defender, Amy Rebecca Lawler , Assistant Public Defender, St. Paul, MN, for appellant.

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


OPINION

PETERSON, Judge.

In this sentencing appeal, appellant argues that he should not have been sentenced as a career offender because (1) one of his prior felony convictions is deemed to be a conviction for a misdemeanor and, therefore, he does not have "five or more prior felony convictions" and (2) his current offense was not committed as part of a pattern of criminal conduct. We reverse and remand.

FACTS

In February 2013, appellant...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases