State v. Walsh

OPINION

LANSING, Judge.

This is an appeal from a trial court’s imposition of a more severe penalty after the state moved for resentencing based on an error in a sentencing worksheet. Because we do not read the Minnesota Rules of Criminal Procedure to permit a post sentencing increase on these facts, we reverse and remand for reinstatement of the original sentence.

FACTS

Appellant, Brian Walsh was convicted of third degree criminal sexual conduct by his plea of guilty in Hennepin County District Court. As part of the negotiated plea the state recommended that Walsh receive the presumptive…