State v. Turck

OPINION

HALBROOKS, Judge.

On appeal from the district court’s decision to stay execution of respondent’s sentence and place him on probation, appellant State of Minnesota argues that the district court erred by failing to impose the mandatory-minimum sentence required under Minn.Stat. § 152.023, subd. 3(b) (2004). Because we conclude that the district court erred, we reverse and remand for resentencing.

FACTS

Respondent Kevin Donald Turck pleaded guilty to one count of third-degree eon-trolled-substance crime in violation of Minn.Stat. § 152.023, subds. 2(1), 3(b) (2004), for possession of 4.58…