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State v. Mondry

June 29, 2004

STATE OF MINNESOTA, RESPONDENT,
v.
SCOTT DAVID MONDRY, APPELLANT.



Clay County District Court. File No. K0-02-750.

Considered and decided by Kalitowski , Presiding Judge; Wright , Judge; and Huspeni, Judge*fn1.

SYLLABUS BY THE COURT

An offender's criminal-history score is calculated under the Minnesota Sentencing Guidelines by assigning points for each felony conviction for which the offender has been sentenced prior to the sentencing for the current offense.

The opinion of the court was delivered by: Wright, Judge

Affirmed

OPINION

Appellant challenges his sentence for second-degree sale of a controlled substance, arguing that the district court abused its discretion by including two points in his criminal-history score for felony offenses committed after the instant offense that resulted in sentences imposed prior to the sentencing for the instant offense. We affirm.

FACTS

In April 2002, appellant Scott Mondry was arrested and subsequently charged in Clay County, Minnesota, with several offenses, including second-degree sale of a controlled substance. Five months later, Mondry was arrested for two felony offenses committed in North Dakota. Mondry pleaded guilty to the North Dakota offenses in February 2003 and was sentenced to a five-year prison term with three years suspended. The sentencing court in North Dakota did not consider the pending Minnesota charges when determining the length of the North Dakota sentence.

In August 2003, Mondry pleaded guilty to second-degree sale of a controlled substance in Minnesota, and the district court ordered a presentence investigation.*fn2 Mondry's criminal-history score for the Minnesota offense included two points for the North Dakota felony convictions.

Mondry challenged the use of the North Dakota convictions to increase his criminal-history score, relying on Scott v. State, No. C1-99-2093 (Minn. Oct. 26, 2000) (order). Rejecting Mondry's argument, the district court accepted the criminal-history score as calculated in the presentence investigation report and sentenced Mondry to a prison term of 68 months, to be served concurrently with the North Dakota sentence. This appeal followed.

ISSUE

Did the district court err by including in appellant's criminal-history score points for the North Dakota offenses, which were committed after the instant offense but ...


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