State v. Clemens
State v. Clemens
Opinion of the Court
This is an appeal by David Allen Clemens, age 42, from an order of the Roseau County District Court denying his petition for post-conviction relief in the form of resentencing according to the Minnesota Sentencing Guidelines pursuant to Minn.Stat. § 590.01, subd. 3 (Supp. 1981). We affirm.
Pursuant to a plea agreement, petitioner pleaded guilty in May of 1979 to one count of burglary in each of three separate multi-count complaints. The trial court sentenced petitioner to three concurrent limited maximum prison terms of 10 years each. Petitioner’s current release date is January 15, 1985.
The burglary offenses in question are severity level IV offenses. If the Sentencing Guidelines had been in effect at the time of the offenses, petitioner’s criminal history score at the time of sentencing would have been 11. The presumptive sentence for a severity level IV offense by a person with a criminal history score of six or more is 41 (37-45) months in prison. If petitioner were resentenced to the presumptive sentence he would be entitled to immediate release from prison.
Petitioner remains subject to the jurisdiction of the Commissioner of Corrections.
Affirmed.
Reference
- Full Case Name
- STATE of Minnesota v. David Allen CLEMENS
- Status
- Published