Perry v. State

OPINION

MEYER, Justice.

Leon M. Perry appeals from a summary denial of his second petition for postconviction relief arguing that the state’s failure to prove a violation of Minn.Stat. § 609.11 (1994), 1 a firearm sentencing statute, violates his rights under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). We affirm the post-conviction court’s denial of Perry’s petition.

On November 16, 1995, a Hennepin County jury convicted Perry of first-degree premeditated murder under Minn. Stat. § 609.185(a)(1) (2006) 2 for the shooting death of Brian Thomas. The district court…