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State v. Bradley

Court of Appeals of Minnesota

December 18, 2017

State of Minnesota, Respondent,
v.
Corey Isaiah Bradley, Appellant.

         Hennepin County District Court File No. 27-CR-11-35641

          Lori Swanson, Attorney General, St. Paul, Minnesota; and Michael O. Freeman, Hennepin County Attorney, Linda K. Jenny, Assistant County Attorney, Minneapolis, Minnesota (for respondent).

          Cathryn Middlebrook, Chief Appellate Public Defender, Michael McLaughlin, Assistant Public Defender, St. Paul, Minnesota (for appellant).

          Considered and decided by Connolly, Presiding Judge; Jesson, Judge; and Florey, Judge.

         SYLLABUS

         Where a district court stays imposition of a presumptively stayed sentence under the Minnesota Sentencing Guidelines, if that stay of imposition is later vacated at a probation-revocation hearing and the sentence is imposed and executed without jury findings or a waiver, there is no Sixth Amendment violation under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531 (2004).

          OPINION

          FLOREY, JUDGE.

         Appellant challenges the district court's vacation of his stay of imposition and execution of a presumptively stayed sentence under the Minnesota Sentencing Guidelines based on a probation violation. Appellant argues that the district court imposed an upward dispositional departure in violation of his Sixth Amendment right to a jury trial as recognized in Blakely, 542 U.S. 296, 124 S.Ct. 2531. We disagree and affirm the district court.

         FACTS

         In July 2012, appellant Corey Isaiah Bradley pleaded guilty to felony possession of pornographic work involving a minor. See Minn. Stat. § 617.247, subd. 4(a) (2010). At his plea hearing, Bradley admitted to the underlying facts of the crime pursuant to the plea agreement, but he did not admit to any aggravating factor for a sentencing departure. The district court accepted his plea and sentenced Bradley to a stay of imposition with a five-year probationary period. Under the Minnesota Sentencing Guidelines, Bradley's presumptive sentence was a 15-month stayed sentence.[1]

         Bradley was eventually accused of violating his probation by failing to complete treatment and appeared before the district court for a probation-revocation hearing in April 2017.[2] After hearing the evidence, the district court found Bradley in violation of his probation, vacated his stay of imposition, and then executed the presumptive 15-month stayed sentence. Near the hearing's conclusion, the district court remarked that to the extent that executing Bradley's sentence was an upward dispositional departure from the sentencing guidelines, the court found that Bradley was not amenable to probation. This appeal follows.

         ISSUE

         Did the district court violate Bradley's Sixth Amendment right to a jury trial under Blakely v. Washington by vacating his stay of imposition based on a probation violation and then ...


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