Ahearn v. State

Supreme Court of Minnesota

Ahearn v. State

329 N.W.2d 548, 1983 Minn. LEXIS 1042

CourtSupreme Court of Minnesota

DecidedFebruary 11, 1983

DocketNo. C9-82-1135

StatusPublished

This text of 329 N.W.2d 548 (Ahearn v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ahearn v. State, 329 N.W.2d 548, 1983 Minn. LEXIS 1042 (Mich. 1983).

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Opinion

AMDAHL, Chief Justice.

This is an appeal by Kenneth Ahearn, age 29, from an order of the Hennepin County District Court denying his petition for post-conviction relief in the form of resentencing according to the Minnesota Sentencing Guidelines pursuant to Minn.Stat. § 590.01, subd. 3 (1982). We affirm.

Petitioner was convicted of aggravated rape in 1970 and sentenced to 30 years in prison. That conviction was affirmed in State v. Ahearn, 292 Minn. 449, 194 N.W.2d 256 (1972). Petitioner was paroled in 1972. Subsequently, in 1973, he was reincarcerat-ed after a second conviction for aggravated rape.

In State v. Champion, 319 N.W.2d 21, 23 (Minn.1982), we stated that “we generally will not interfere with the postconviction court’s refusal to make the finding that is prerequisite to resentencing, at least in cases in which the petitioner is serving a sentence for a violent offense or has a record suggesting that he is likely to engage in criminal conduct after his release.” Petitioner had the burden of proving that his early release from sentence would not present a danger to the public and would not be incompatible with the welfare of society. The district court justifiably concluded that petitioner failed to meet this burden of proof.

Petitioner remains subject to the jurisdiction of the Commissioner of Corrections.

Affirmed.

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AMDAHL, Chief Justice.

This is an appeal by Kenneth Ahearn, age 29, from an order of the Hennepin County District Court denying his petition for post-conviction relief in the form of resentencing according to the Minnesota Sentencing Guidelines pursuant to Minn.Stat. § 590.01, subd. 3 (1982). We affirm.

Petitioner was convicted of aggravated rape in 1970 and sentenced to 30 years in prison. That conviction was affirmed in State v. Ahearn, 292 Minn. 449, 194 N.W.2d 256 (1972). Petitioner was paroled in 1972. Subsequently, in 1973, he was reincarcerat-ed after a second conviction for aggravated rape.

In State v. Champion, 319 N.W.2d 21, 23 (Minn.1982), we stated that “we generally will not interfere with the postconviction court’s refusal to make the finding that is prerequisite to resentencing, at least in cases in which the petitioner is serving a sentence for a violent offense or has a record suggesting that he is likely to engage in criminal conduct after his release.” Petitioner had the burden of proving that his early release from sentence would not present a danger to the public and would not be incompatible with the welfare of society. The district court justifiably concluded that petitioner failed to meet this burden of proof.

Petitioner remains subject to the jurisdiction of the Commissioner of Corrections.

Affirmed.

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329 N.W.2d 548, 1983 Minn. LEXIS 1042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ahearn-v-state-minn-1983.

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