State v. Lee

706 N.W.2d 491, 2005 Minn. LEXIS 765, 2005 WL 3312569
CourtSupreme Court of Minnesota
DecidedDecember 8, 2005
DocketA04-1402
StatusPublished
Cited by49 cases

This text of 706 N.W.2d 491 (State v. Lee) 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
State v. Lee, 706 N.W.2d 491, 2005 Minn. LEXIS 765, 2005 WL 3312569 (Mich. 2005).

Opinions

OPINION

MEYER, Justice.

This case concerns the state’s right to appeal from an order for a stay of adjudication on misdemeanor charges, entered by the district court over the objection of the state. The court of appeals rejected the state’s appeal, specifically concluding that an order for a stay' of adjudication that includes jail time to be served is a sentence and a misdemeanor sentence is not appealable under Minn. R.Crim. P. 28.04. State v. Lee, 693 N.W.2d 216, 219 (Minn.App.2005). We reverse and remand to the district court for sentencing.

Respondent Dennis Gordon Lee pleaded guilty on June 21, 2004, to two misdemeanors: violation of Minn.Stat. § 171.24, subd. 2 (2004) (driving after revocation), and Minn.Stat. § 169.797, subd. 2 (2004) (failure of owner to provide insurance.) Lee’s license had been revoked for driving after a prior conviction for failure to provide insurance; his license also had been suspended just days prior to the stop for failure to pay child support. If convicted of the two new offenses, Lee would lose his driving privileges for another year. The district court ordered a presentence investigation report. The presentence investigation report credited Lee with having taken steps to get his license validated and having become current with his child support payments. Nevertheless, the report did not recommend a stay of adjudication “[d]ue to defendant’s extensive prior record regarding Driving After Withdrawal and the fact that he was just in court in September 2003 and in violation of that court order[.]”

[493]*493At the sentencing hearing, defense counsel urged the court to order a stay of adjudication to avoid the consequence to Lee of losing his driving privileges for a year. Counsel argued that if Lee lost his driving privileges, Lee would most certainly lose his job and consequently be unable to satisfy his child support obligation. The prosecutor opposed a stay of adjudication, arguing that Lee was a repeat offender of driving laws and that Lee had made the choice to drive despite his revoked (and suspended) status.

The district court granted a stay of adjudication over the prosecutor’s objection. The court ordered Lee to serve 45 days of jail time (with work release), to pay court costs, to not have any same or similar offenses or moving violations, to maintain valid insurance, and to regularly provide proof of insurance to the court.

The district court explained its reasons for granting the stay of adjudication: “I also believe that [defense counsel] is correct in that if we have a full-time employed person now with a driver’s license, with insurance, with a child support payment plan, I don’t think we serve the public interest by stopping that.” The court found that the prosecutor had not abused his discretion in charging Lee in the first instance.

The state then appealed, but its appeal was dismissed by the court of appeals. Lee, 693 N.W.2d at 219. The court of appeals determined that the state did not have a right to appeal the district court’s order because the order, in essence, imposed a sentence, and under Minn. R.Crim. P. 28.04, subd. 1(2), the state cannot appeal as of right from a nonfelony sentence. Lee, 693 N.W.2d at 218-19. We granted review.

I.

The first question is whether under the rules of criminal procedure an order for a stay of adjudication is a pretrial order (appealable by the state), or whether it is a sentence (not appealable by the state). This question raises concerns of the jurisdiction of state courts, which we review de novo. State v. Barrett, 694 N.W.2d 783, 785 (Minn.2005). We also construe and interpret rules of criminal procedure de novo. Id. (citing State v. Hugger, 640 N.W.2d 619, 621 (Minn.2002)).

We begin by observing that there is no rule of criminal procedure explicitly addressing orders for stays of adjudication. The most pertinent rule states, in relevant part, that the state may appeal as of right to the court of appeals “in any case, from any pretrial order of the trial court,” and “in felony cases from any sentence imposed or stayed by the trial court.” Minn. R.Crim. P. 28.04, subd. 1(1), (2). Thus, if a stay of adjudication in a nonfelony case is a pretrial order, the state may appeal as of right.

The state argues that this court has already said that a stay of adjudication under rule 28.04 is a pretrial order for purposes of appeal. We agree. We expressly stated in State v. Verschelde, 595 N.W.2d 192 (Minn.1999), that “a stay of adjudication is considered a pretrial order for purposes of appeal.” 595 N.W.2d 192, 196 (Minn.1999) (citing State v. Thoma, 569 N.W.2d 205 (Minn.App.), aff'd mem., 571 N.W.2d 773 (Minn.1997)). In Thoma, we affirmed by memorandum opinion the court of appeals’ determination that stays of adjudication were pretrial orders for purposes of appeal. 571 N.W.2d 773. Prior to Thoma, we reversed the court ’ of appeals’ determination in State v. Twiss that the state could not appeal as of right a nonfelony sentence. 570 N.W.2d 487, 487 (Minn.1997). We again recognized that stays of adjudication are pretrial orders [494]*494for purposes of appeal in State v. Hoelzel, 639 N.W.2d 605, 608 (Minn.2002).

Lee’s central argument to this court is that the Thoma case was wrongly decided and this court should take this opportunity to overrule it and its progeny. We are extremely reluctant to overrule our precedent under principles of stare decisis. Oanes v. Allstate Ins. Co., 617 N.W.2d 401, 406 (Minn.2000). When overruling precedent, we have required a “compelling reason” to do so. Id.

Lee makes the argument that a stay of adjudication is more like a sentence than it is like a pretrial order — -the fact that a presentence investigation was ordered, a date was set for sentencing, costs and fees were assessed, and jail time was imposed. Lee points out that disposition in this case occurred at a point when' there was nothing left to be tried; at a point in the flow of adjudication where typically a sentence is imposed. Lee asserts that it is a legal fiction for this court to continue to label a stay of adjudication as a pretrial order.

The state counters that a sentence requires a conviction and in the absence of a conviction, there is no sentence. See Minn. R.Crim. P. 28.02, subd. 2(1) (noting that judgment is final when conviction is entered and sentence is imposed or stayed); see also Black’s Law Dictionary 1393 (8th ed.2004) (defining “sentence” as “[t]he judgment that a court formally pronounces after finding a criminal defendant guilty.”).

We have held that, for purposes of appellate review, a stay of adjudication is more akin to a pretrial order than a sentence.

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Bluebook (online)
706 N.W.2d 491, 2005 Minn. LEXIS 765, 2005 WL 3312569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lee-minn-2005.