State v. Strobel

GILDEA, Chief Justice.

This case presents the question of whether, under section 2.B.7.a of the Minnesota Sentencing Guidelines, the classification of a prior offense as a gross misdemeanor or felony is determined by reference to the statute setting forth the elements of the crime, or by reference to Minn. Stat. § 609.02 (2018) (defining "felony" and "gross misdemeanor"). Appellant Donald Albert Strobel was convicted of first-degree sale of a controlled substance. The district court sentenced Strobel using a criminal-history score of five. Strobel appealed to the court of appeals, arguing that…