State v. Overweg
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(as of 9/30/2026)
Last cited by a Minnesota appellate court in 2019, among the opinions in this site’s citation index. Amendment history from the Minnesota Revisor of Statutes. A later amendment does not necessarily affect this decision's analysis — check the current statute text.Cites Minnesota statutes amended since this decision
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1 later published case cites this decision.
- State v. Overweg (Minn. 2019)
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Opinion of the Court
Lori Swanson, Attorney General, St. Paul, Minnesota; and Travis J. Smith, Murray County Attorney, Slayton, Minnesota (for respondent)
Cathryn Middlebrook, Chief Appellate Public Defender, Richard Schmitz, Assistant Public Defender, St. Paul, Minnesota (for appellant)
Considered and decided by Reyes, Presiding Judge; Schellhas, Judge; and Jesson, Judge.
SCHELLHAS, Judge *411Appellant challenges the district court's denial of his Minn. R. Crim. P. 27.03, subd. 9, motion to correct his sentence, arguing that the sentencing court imposed an unlawful ten-year conditional-release term under
FACTS
In June 2009, appellant Everett Overweg committed the crime of possession of a pornographic work involving minors. On April 9, 2010, respondent State of Minnesota charged Overweg with two counts of possession of a pornographic work involving minors (possession of child pornography) under
On August 13, 2009, Overweg committed criminal sexual conduct (CSC). On August 17, the state charged Overweg with one count of first-degree CSC under
On October 9, 2012, Overweg pleaded guilty to the June 2009 possession-of-child-pornography offense. The district court accepted his plea and sentenced him. Based on Overweg's conviction of second-degree CSC, the court imposed a ten-year conditional-release term under
In June 2017, Overweg moved the district court for a sentence correction under rule 27.03, arguing that the ten-year conditional-release term that the sentencing court imposed under section 617.247, subdivision 9, was unlawful, and requesting that his ten-year conditional-release term be reduced to five years. The district court denied Overweg's motion.
This appeal follows.
ISSUE
Did the district court abuse its discretion by denying Overweg's rule 27.03 motion to reduce his ten-year conditional-release term under
ANALYSIS
A defendant may move a district court "at any time [to] correct a sentence not authorized by law." Minn. R. Crim. P. 27.03, subd. 9. A sentence "contrary to law or applicable statutes" is not authorized by law. Reynolds v. State ,
*412Riley v. State ,
The statute governing Overweg's conditional-release term reads:
Notwithstanding the statutory maximum sentence otherwise applicable to the offense or any provision of the sentencing guidelines, when a court commits a person to the custody of the commissioner of corrections for violating this section, the court shall provide that after the person has completed the sentence imposed, the commissioner shall place the person on conditional release for five years, minus the time the offender served on supervised release. If the person has previously been convicted of a violation of this section, section 609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, or 617.246, or any similar statute of the United States, this state, or any state, the commissioner shall place the person on conditional release for ten years, minus the time the offender served on supervised release. The terms of conditional release are governed by section 609.3455, subdivision 8.
Overweg argues that "has previously been convicted" refers to qualifying offenses for which an offender was convicted and sentenced before the commission of the present offense. And he argues that because he was not convicted and sentenced for second-degree CSC before he committed the child-pornography offense, the sentencing court's imposition of a ten-year conditional-release term was unlawful under section 617.247, subdivision 9, and the district court erred by denying his motion to correct his sentence. The state argues that because Overweg's conviction of second-degree CSC occurred before the sentencing court committed him to the commissioner of corrections for the child-pornography offense on October 9, 2012, he "ha[d] previously been convicted " of a qualifying offense under section 617.247, subdivision 9, and the sentencing court therefore was obligated to impose a ten-year conditional-release period. The district court rejected Overweg's argument and concluded that
The parties' arguments require this court to determine the meaning of "has previously been convicted" in
*413Minnesota Statutes section 617.247, subdivision 9, does not define "has previously been convicted." An appellate court may consult a dictionary to determine the plain and ordinary meaning of a word or phrase. See Poehler v. Cincinnati Ins. Co. ,
Here, the "act, state, or condition that is now completed" is the creation of the qualifying conviction under
Overweg argues that we should employ the canon of in pari materia to resolve the ambiguity and interpret "has previously been convicted" in the same manner as defined in subdivision 1(f) of the dangerous-sex-offender statute. See
Here, the Minnesota Legislature has defined "previous sex offense conviction" in the dangerous-sex-offender statute,
*414The dangerous-sex-offender statute defines "previous sex offense conviction" as follows: "A conviction is considered a 'previous sex offense conviction' if the offender was convicted and sentenced for a sex offense before the commission of the present offense ."
Applying the canon in pari materia in this case, the definition of "previous sex offense conviction" in
DECISION
Because Overweg was not convicted and sentenced for a qualifying offense before he committed the June 2009 child-pornography offense, imposition of a ten-year conditional-release term under
Reversed and remanded.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.