CASE LAW UPDATE: Whether the trial court correctly assigned 1/2 criminal history point for prior conviction of 5th degree drug possession where defendant had a prior conviction of petty misdemeanor possession of marijuana?
Defendant argued that the trial court erred in assigning 1/2 criminal history point for his prior first time conviction of 5th degree possession of cocaine as a gross misdemeanor which followed an earlier conviction of petty misdemeanor possession of marijuana. The Minnesota Court of Appeals held that, for purposes of calculating criminal history, a 5th degree controlled substance possession offense is not classified as a gross misdemeanor when the defendant was previously convicted of a petty misdemeanor violation of chapter 152.
State v. Morgan, A19-1902, Hennepin County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.