Whether “sell” in a drug case includes an offer to sell?
Defendant offered to sell 13 grams of heroine, which is more than 10 grams of heroine. Defendant delivered 8.906 grams of heroine at the sale, less than 10 grams. The trial court sentenced defendant to 78 months in prison. Defendant appealed, arguing that sell meant what he actually sold, not what he offered to sell. Under Minn. Stat. 152.021, subd 1(3), the definition of “sell” includes an offer to sell, not just what is actually sold.
State v. Fugalli, A19-2007 (Minnesota Supreme Court 2021).
Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.