(DOWNLOAD) "State V. Pflepsen" by Minnesota Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: State V. Pflepsen
- Author : Minnesota Supreme Court
- Release Date : January 01, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
At issue in this case are several complicated procedural questions stemming from the sentencing of respondent Richard Leroy Pflepsen. Pflepsen was sentenced by the Dakota County District Court for three crimes-criminal vehicular operation, careless driving, and inattentive driving-all arising out of the same December 27, 1994 automobile collision. We must determine whether the district court followed the proper procedure in: (1) sentencing Pflepsen after a jury found him guilty of the three above-named offenses; and (2) resentencing Pflepsen for the lesser-included misdemeanor convictions-careless driving and inattentive driving-after the Minnesota Court of Appeals vacated Pflepsen's felony criminal vehicular operations conviction. As a preliminary matter, we also must decide whether the court of appeals had authority to treat Pflepsen's improper notice of appeal as a petition for a writ of prohibition and to then review his claim. We reverse the court of appeals, vacate the district court's sentencing orders, and remand for adjudication of conviction and resentencing.
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