State v. Sheppard

OPINION

G. BARRY ANDERSON, Judge.

This is a sentencing appeal. The state contends the district court improperly stayed execution of a mandatory-minimum sentence for respondent’s felon-in-possession of a firearm conviction. We reverse and remand for resentencing consistent with this opinion.

FACTS

On June 1, 1997, Minneapolis police officers responded to several loud music complaints at respondent James David Sheppard’s apartment. On the fourth visit, respondent told officers that he had been drinking all day, had smoked marijuana, and had tried to overdose on Zan-tac, an ulcer medication. During…