County District Court File No. 51-CR-10-84
Swanson, Attorney General, St. Paul, Minnesota; and Travis J.
Smith, Murray County Attorney, (for respondent)
Cathryn Middlebrook, Chief Appellate Public Defender, Richard
Schmitz, Assistant Public Defender, (for appellant)
Considered and decided by Reyes, Presiding Judge; Schellhas,
Judge; and Jesson, Judge.
ten-year conditional-release term mandated under Minn. Stat.
§ 617.247, subd. 9 (2008), is authorized only if an
offender was convicted and sentenced for a qualifying offense
before the commission of the present offense.
challenges the district court court's denial of his Minn.
R. Crim. P. 27.03, subd. 9, motion to correct his sentence,
arguing that the sentencing court imposed an unlawful
ten-year conditional-release term under Minn. Stat. §
617.247, subd. 9. We agree, and we reverse and remand.
2009, appellant Everett Overweg committed the crime of
possession of a pornographic work involving minors. On April
9, 2010, respondent State of Minnesota charged Overweg with
two counts of possession of a pornographic work involving
minors (possession of child pornography) under Minn. Stat.
§ 617.247, subd. 4 (2008), based on the June 2009
August 13, 2009, Overweg committed criminal sexual conduct
(CSC). On August 17, the state charged Overweg with one count
of first-degree CSC under Minn. Stat. § 609.342, subd. 1
(2008), and one count of second-degree CSC under Minn. Stat.
§ 609.343, subd. 1 (2008), based on the August 13, 2009
conduct. On January 11, 2010, Overweg pleaded guilty to the
second-degree CSC charge. On April 5, 2010, the district
court stayed adjudication and placed him on probation. On
August 22, 2011, following a probation violation, the
district court convicted Overweg of second-degree CSC, stayed
imposition of sentence, and placed him on supervised
probation. On January 9, 2012, following another probation
violation, the court revoked probation and executed
October 9, 2012, Overweg pleaded guilty to the June 2009
possession-of-child-pornography offense. The district court
accepted his plea and sentenced him. Based on Overweg's
conviction of second-degree CSC, the court imposed a ten-year
conditional-release term under Minn. Stat. § 617.247,
2017, Overweg moved the district court for a sentence
correction under rule 27.03, arguing that the ten-year
conditional-release term that the sentencing court imposed
under section 617.247, subdivision 9, was unlawful, and
requesting that his ten-year conditional-release ...