Cobb v. State
Cobb v. State
Opinion of the Court
This is an appeal by Tyrone Lee Cobb, age 27, from an order of the Ramsey County District Court denying his petition for postconviction relief in the form of resen-tencing according to the Minnesota Sentencing Guidelines pursuant to Minn.Stat. § 590.01, subd. 3 (Supp. 1981). We affirm.
If the Sentencing Guidelines had been in effect at the time of the offense petitioner would have had a criminal history score of at least two. According to the Guidelines, aggravated robbery is a severity level VII offense. The presumptive sentence for that offense by a person with a criminal history score of two is 41 months in prison. If petitioner were resentenced to the presumptive term he would be entitled to immediate discharge from sentence.
Petitioner is a violent offender with a record of recidivism. Petitioner had the burden of overcoming these factors and proving that his early release from sentence would not present a danger to the public and would not be incompatible with the welfare of society. The district court concluded that petitioner failed to meet this burden, and we agree. State v. Champion, 319 N.W.2d 21 (Minn. 1982).
Petitioner remains subject to the jurisdiction of the Commissioner of Corrections.
Affirmed.
Reference
- Full Case Name
- Tyrone Lee COBB v. STATE of Minnesota
- Status
- Published