Legal Opinion

State v. Ge Her

Court of Appeals of Minnesota

Decided March 10, 2014No. A13-1586PublishedCited by 1 opinion

1Opinion of the Court

OPINION

HUDSON, Judge.

Appellant, who was convicted of violating predatory-offender registration requirements, challenges the imposition of a statutorily mandated ten-year conditional-release term for risk-level-III offenders. He argues that an offender’s risk level at the time of the violation is a fact that increases the statutory-maximum sentence, and therefore, pursuant to Apprendi and Blakely, must be determined by a jury, not the judge. We affirm.

FACTS

Appellant Ge Her was required to register as a predatory offender following convictions of third-degree criminal sexual conduct, conspiracy…

2Cases cited10 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. State v. ShattuckSupreme Court of Minnesota · 2005
  4. State v. AllenSupreme Court of Minnesota · 2005
  5. State v. BoboSupreme Court of Minnesota · 2009

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3Cited by1 opinion

  1. State of Minnesota v. Ge HerSupreme Court of Minnesota · 2015

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