State v. Lussier

OPINION

WRIGHT, Judge.

Appellant asserts that his right to due process was violated because the state intentionally delayed charging him with first-degree burglary in order to obtain a substantially increased criminal history score and sentence. We affirm.

FACTS

On March 15, 2003, hours after police received a report of a home burglary, appellant Cheyenne Lussier was arrested. On March 18, 2003, in connection with this incident, the state charged Lussier with one count of second-degree burglary, in violation of Minn.Stat. § 609.582, subd. 2 (2002); one count of third-degree burglary, in violation…