CASE LAW UPDATE: Whether the drug test was a condition of release not a term of the plea agreement?
Defendant was convicted of 1st degree sale of methamphetamine and 2nd degree possession of methamphetamine, pursuant to a plea agreement. Defendant appealed her sentence. On appeal, defendant argued that the trial court improperly participated in plea negotiations by requiring her to take a drug test, and then penalizing her for failing to comply with this condition by imposing a lengthier sentence than recommended under the plea agreement. The Minnesota Court of Appeals concluded that the requirement of a drug test was a condition of release pending sentencing, not a term of the plea agreement.
State v. Bigelow, A20-0600, Olmsted County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.