§ 609.131
Citing Cases (7)
Minnesota Supreme Court
State v. Chauvin · 2006 2 citations
+ 2 more citations in this opinion.
State v. Johnson · 1994 5 citations
Appellant appeared in court, pleaded not guilty, and requested a jury trial. Some time later, but before trial, the prosecutor moved to certify the misdemeanor charge as a petty misdemeanor pursuant to Minn. Stat. § 609.131, subd. 1 and State v. Batzer, 448 N.W.2d 565 (Minn.App.1989). Appellant objected to the state’s motion because he would lose his right to a jury trial if the misdemeanor charge was certified as a petty misdemeanor. Minn.R.Crim.P. 23.05, subd. 1; Minn. Stat. § 169.89, subd. 2. He argued that Minn.R.Crim.P. 23.04, which requires the state to obtain a defendant’s consent before treating a misdemeanor violation as a petty misdemeanor, supersedes the conflicting statutory provision.
Appellant appeared in court, pleaded not guilty, and requested a jury trial. Some time later, but before trial, the prosecutor moved to certify the misdemeanor charge as a petty misdemeanor pursuant to Minn. Stat. § 609.131, subd. 1 and State v. Batzer, 448 N.W.2d 565 (Minn.App.1989). Appellant objected to the state’s motion because he would lose his right to a jury trial if the misdemeanor charge was certified as a petty misdemeanor. Minn.R.Crim.P. 23.05, subd. 1; Minn. Stat. § 169.89, subd. 2. He argued that Minn.R.Crim.P. 23.04, which requires the state to obtain a defendant’s consent before treating a misdemeanor violation as a petty misdemeanor, supersedes the conflicting statutory provision.
Appellant appeared in court, pleaded not guilty, and requested a jury trial. Some time later, but before trial, the prosecutor moved to certify the misdemeanor charge as a petty misdemeanor pursuant to Minn. Stat. § 609.131, subd. 1 and State v. Batzer, 448 N.W.2d 565 (Minn.App.1989). Appellant objected to the state’s motion because he would lose his right to a jury trial if the misdemeanor charge was certified as a petty misdemeanor. Minn.R.Crim.P. 23.05, subd. 1; Minn. Stat. § 169.89, subd. 2. He argued that Minn.R.Crim.P. 23.04, which requires the state to obtain a defendant’s consent before treating a misdemeanor violation as a petty misdemeanor, supersedes the conflicting statutory provision.
+ 2 more citations in this opinion.
Minnesota Court of Appeals
State of Minnesota v. Kevin Ryan · 2017 1 citation
+ 1 more citation in this opinion.
State v. Foncesa · 1993 2 citations
+ 2 more citations in this opinion.
State v. Nelson · 1993 1 citation
+ 1 more citation in this opinion.
State v. Johnson · 1993 6 citations
+ 6 more citations in this opinion.
State v. Batzer · 1989 11 citations
+ 11 more citations in this opinion.