County District Court File No. 27-CR-11-35641
Swanson, Attorney General, St. Paul, Minnesota; and Michael
O. Freeman, Hennepin County Attorney, Linda K. Jenny,
Assistant County Attorney, Minneapolis, Minnesota (for
Cathryn Middlebrook, Chief Appellate Public Defender, Michael
McLaughlin, Assistant Public Defender, St. Paul, Minnesota
Considered and decided by Connolly, Presiding Judge; Jesson,
Judge; and Florey, Judge.
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.
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.
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
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. 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.
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