St. Louis County District Court File No. 69DU-CR-10-4149.
Lori Swanson, Attorney General, Karen B. Andrews, Assistant Attorney General, St. Paul, Minnesota; and Mark S. Rubin, St. Louis County Attorney, Duluth, Minnesota (for respondent)
Cathryn Middlebrook, Interim Chief Appellate Public Defender, Rachel F. Bond, Assistant Public Defender, St. Paul, Minnesota (for appellant)
Considered and decided by Bjorkman, Presiding Judge; Peterson, Judge; and Stoneburner, Judge.
Appellant challenges his convictions of two controlled-substance offenses, arguing that (1) the district court erred by admitting his confession because he did not validly waive his Miranda rights, (2) the district court erred by imposing an upward durational departure in sentencing based on the career-offender statute, and (3) the warrant of commitment does not accurately reflect appellant's convictions. We affirm appellant's convictions but remand for correction of the warrant of commitment. We reverse appellant's sentence and remand for a determination as to the sequence of appellant's prior convictions justifying career-offender sentencing.
In November 2010, the Lake Superior Drug and Gang Task Force worked with confidential informant V.B. to conduct controlled purchases of cocaine from appellant Edell Jackson. Using prerecorded currency, V.B. purchased crack cocaine from Jackson on four occasions: 1 gram on November 1, 1.8 grams on November 3, 0.9 grams on November 10, and 0.3 grams on November 15. Police arrested Jackson on December 1, and a search of his person uncovered 1.6 grams of cocaine and four hydrocodone tablets. After the search, Jackson waived his Miranda rights and gave a statement to police admitting to selling cocaine.
Jackson was charged with second-degree sale of a controlled substance, four counts of third-degree sale of a controlled substance, two counts of fifth-degree possession of a controlled substance (hydrocodone and cocaine), and unlawful possession of a firearm. Jackson moved to suppress his statements to police. The district court granted the motion with respect to statements Jackson made prior to receiving a Miranda warning but denied the motion with respect to his post-Miranda statements.
Jackson waived his right to a jury trial, and the district court found him guilty of second-degree sale of a controlled substance and fifth-degree possession of a controlled substance (cocaine). The district court declined to adjudicate Jackson guilty on the four controlled-substance charges underlying the aggregate second-degree offense and acquitted him of one count of fifth-degree possession of a controlled substance (hydrocodone) and unlawful possession of a firearm.
The state sought an aggravated sentence based on the career-offender statute, Minn. Stat. § 609.1095, subd. 4 (2010). Jackson waived his right to a sentencing jury. The district court found that Jackson has five prior felony convictions and committed the second-degree sale of a controlled substance as part of a pattern of criminal conduct. The district court imposed a sentence of 144 months' imprisonment for that offense and a concurrent sentence of 21 months' imprisonment for fifth-degree possession of a controlled substance. This appeal follows.
I. Jackson voluntarily waived his Mir ...