State v. Herbert

OPINION

LANSING, Judge

Kenneth Herbert was convicted of a burglary involving the theft of guns. On appeal from the sentence, the state argues Herbert possessed the firearms at the time of the offense and the district court therefore erred in declining to impose the three-year minimum sentence mandated by Minn.Stat. § 609.11, subd. 5(a) (1998). We conclude the statute applies to a burglar who comes into possession of firearms once inside the building, and we reverse and remand for resentencing.

FACTS

Kenneth Herbert pleaded guilty to second-degree burglary in violation of Minn. Stat. § 609.582,…