Minnesota Supreme Court, 1982

State v. Nelson

Minnesota Supreme Court · Decided June 29, 1982 · Amdahl

321 N.W.2d 393; 1982 Minn. LEXIS 1634 (North Western Reporter, Second Series)

Counsel

C. Paul Jones, Public Defender, and Brian I. Rademacher, Asst. Public Defender, Minneapolis, for appellant., Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., and William A. Neiman, Asst. County Atty., Minneapolis, for respondent.

Can I rely on this case?

Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.

(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1987, among the opinions in this site’s citation index.

Cites Minnesota statutes amended since this decision

Minn. Stat. § 590.01 — amended 1983

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Minnesota statutes cited

Sections of the Minnesota Statutes this opinion cites.

Minn. Stat. § 590.01

Cases that cite this one

1 later published case cites this decision.

Shelley v. State (Minn. Ct. App. 1987)

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Opinion of the Court

AMDAHL, Chief Justice.

This is an appeal by Daniel Alan Nelson from an order of the Hennepin County District Court denying his petition for postcon-viction relief in the form of resentencing according to the Minnesota Sentencing Guidelines pursuant to Minn.Stat. § 590.01, subd. 3 (Supp. 1981). We affirm.

Petitioner, who is 25, seeks resentencing in connection with a 1979 conviction of burglary, for which he received a 5-year prison term. Petitioner’s expected release date and sentence expiration date are the same — December 24, 1982.

Petitioner’s criminal history score at the time of sentencing in 1979 would have been three. The burglary offense is a severity level IV offense. The presumptive sentence for this offense by one with a criminal history score of three is 21 months stayed. If petitioner were resentenced to the presumptive sentence, he would be entitled to immediate unsupervised release from prison.

Given petitioner’s record of recidivism and his apparent refusal to seek treatment for his chemical dependency problem, we conclude that the district court properly refused to resentence petitioner according to the Sentencing Guidelines. State v. Champion, 319 N.W.2d 21 (Minn. 1982).

Affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.