State v. Houston

OPINION

CRIPPEN, Judge. *

In December 2003, this court affirmed the conviction and sentence of appellant Gerald Houston for attempted controlled substance crime in the first degree, methamphetamine manufacture, and one count of controlled substance crime in the fifth degree, possession. State v. Houston, No. C5-02-584, 2002 WL 31892561, *6 (Minn.App. Dec.31, 2002). In a subsequent post-conviction proceeding, appellant asserts, inter alia, that the cause of the upward durational departure must be scrutinized under Blakely. Because Blakely does not have retroactive effect in the case and because…