County District Court File No. 49-CR-13-1486
Cathryn Middlebrook, Chief Appellate Public Defender, Adam
Lozeau, Assistant Public Defender, St. Paul, Minnesota (for
Swanson, Attorney General, St. Paul, Minnesota; and
Middendorf, Morrison County Attorney, Little Falls, Minnesota
Considered and decided by Hooten, Presiding Judge; Bjorkman,
Judge; and Bratvold, Judge.
term "school zone" as defined by Minn. Stat. §
152.01, subd. 14a (2012), includes all city blocks that
surround a school property.
challenges the denial of his petition for postconviction
relief, arguing that the evidence is insufficient to support
his conviction of second-degree controlled-substance crime
because his home is not located in a school zone. We affirm.
August 20, 2013, K.W. contacted the Morrison County
Sheriff's Department in connection with an outstanding
arrest warrant. K.W. offered to arrange a purchase of
controlled substances from appellant Edward John Lapenotiere,
Jr., in exchange for the responding deputy's assistance
in quashing the warrant. K.W. obtained heroin and Vicodin
from Lapenotiere. The sale took place at Lapenotiere's
home in Little Falls.
State of Minnesota charged Lapenotiere with one count each of
second-degree and third-degree controlled-substance crime.
The second-degree charge was brought under Minn. Stat. §
152.022, subd. 1(6) (2012), which prohibits the sale of a
controlled substance in a school zone. A jury found
Lapenotiere guilty of both counts. The district court
sentenced Lapenotiere to 78 months in prison. Lapenotiere did
filed a timely petition for postconviction relief. He argued
the evidence was insufficient to establish the sale occurred
in a school zone, the prosecutor committed misconduct, and
his conviction of third-degree controlled-substance crime
must be vacated because it is a lesser-included offense. The
district court granted Lapenotiere's request to vacate