Sherer v. State

Supreme Court of Minnesota

Sherer v. State

335 N.W.2d 516, 1983 Minn. LEXIS 1220

CourtSupreme Court of Minnesota

DecidedJuly 1, 1983

DocketNo. C3-82-1339

StatusPublished

This text of 335 N.W.2d 516 (Sherer 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

Sherer v. State, 335 N.W.2d 516, 1983 Minn. LEXIS 1220 (Mich. 1983).

Pincite

Opinion

AMDAHL, Chief Justice.

This is an appeal by Richard Dale Sherer, age 53, from an order of the Ramsey County District Court denying his petition for postconviction relief in the form of resen-tencing according to the Minnesota Sentencing Guidelines pursuant to Minn.Stat. § 590.01, subd. 3 (1982). We affirm.

In 1975 petitioner pleaded guilty to one count of sodomy with a child, and four other counts involving different victims were dismissed. The trial court stayed imposition of sentence so that petitioner could participate in a treatment program. The trial court revoked the stay of imposition in January of 1976 after petitioner left the program without permission, and the court sentenced petitioner to a maximum indeterminate prison term of 20 years.

Petitioner was paroled in April of 1980 to Alpha House treatment program but he was returned to prison in May of 1980 after he left the program without authorization. Petitioner’s sentence expiration date and current target release date are the same, both in 1989.

If the Sentencing Guidelines had been in effect at the time the offense was committed, petitioner’s criminal history score at the time of sentencing apparently would have been two. The offense in question translates into a severity level VIII offense. The presumptive sentence for a severity level VIII offense by a person with a criminal history score of two is an executed prison term of 65 months.

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 has a long history of sexual offenses involving children going back to 1950 when he was convicted in California of commit[517]*517ting an indecent sex act with a boy. 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.

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

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

AMDAHL, Chief Justice.

This is an appeal by Richard Dale Sherer, age 53, from an order of the Ramsey County District Court denying his petition for postconviction relief in the form of resen-tencing according to the Minnesota Sentencing Guidelines pursuant to Minn.Stat. § 590.01, subd. 3 (1982). We affirm.

In 1975 petitioner pleaded guilty to one count of sodomy with a child, and four other counts involving different victims were dismissed. The trial court stayed imposition of sentence so that petitioner could participate in a treatment program. The trial court revoked the stay of imposition in January of 1976 after petitioner left the program without permission, and the court sentenced petitioner to a maximum indeterminate prison term of 20 years.

Petitioner was paroled in April of 1980 to Alpha House treatment program but he was returned to prison in May of 1980 after he left the program without authorization. Petitioner’s sentence expiration date and current target release date are the same, both in 1989.

If the Sentencing Guidelines had been in effect at the time the offense was committed, petitioner’s criminal history score at the time of sentencing apparently would have been two. The offense in question translates into a severity level VIII offense. The presumptive sentence for a severity level VIII offense by a person with a criminal history score of two is an executed prison term of 65 months.

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 has a long history of sexual offenses involving children going back to 1950 when he was convicted in California of commit[517]*517ting an indecent sex act with a boy. 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.

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

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

335 N.W.2d 516, 1983 Minn. LEXIS 1220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherer-v-state-minn-1983.

Opinion

Related

Cite This Page — Counsel Stack