State v. Schanus

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Schanus timely appealed his felony conviction. The state filed a notice of review after the time for appeal had expired, challenging a sentencing departure. Schanus moved to dismiss the notice of review and the state did not respond.

DECISION

The state may appeal from a sentence “according to the rules of criminal procedure!;.]” Minn.Stat. § 244.11 (1986). Minn. R.Crim.P. 28.05, subd. 1(1), which governs sentencing appeals, requires that any appeal from a sentence be filed “within 90 days after judgment and sentencing.”

The state did not timely file…