State v. Boehl

OPINION

WRIGHT, Judge.

Appellant State of Minnesota challenges the district court’s imposition of the presumptive guidelines sentence on remand from our reversal of respondent-defendant’s sentence. Appellant argues that the district court erred by failing to consider using its inherent judicial authority to impanel a resentencing jury to determine whether the aggravating factors listed in the patterned-sex-offender sentencing-enhancement statute are present in this case. We reverse and remand.

FACTS

Based on events that occurred in 1996, a jury found respondent Charles Boehl guilty of one count…