Hennepin County District Court File No. 27-CR-16-13478
Cathryn Middlebrook, Chief Appellate Public Defender,
Jennifer Lauermann, Assistant Public Defender, St. Paul,
Minnesota (for appellant)
Keith
Ellison, Attorney General, St. Paul, Minnesota; and Michael
O. Freeman, Hennepin County Attorney, Jean Burdorf, Assistant
County Attorney, Minneapolis, Minnesota (for respondent)
Considered and decided by Reilly, Presiding Judge; Johnson,
Judge; and Hooten, Judge.
SYLLABUS
Within
the context of the statutory scheme and consistent with the
plain language of Minn. Stat. § 624.713, subd. 1(2)
(Supp. 2015), prohibiting persons who have been adjudicated
delinquent of a "crime of violence" from possessing
firearms, the definition of "crime of violence"
contained within Minn. Stat. § 624.712, subd. 5 (Supp.
2015), unambiguously includes juvenile adjudications for the
listed offenses.
OPINION
HOOTEN, Judge.
In this
appeal from a conviction for possession of a firearm by an
ineligible person, in violation of Minn. Stat. §
624.713, subd. 1(2), appellant argues that because he was
adjudicated delinquent, rather than convicted, of a
"crime of violence," the statute does not apply to
him and his conviction must be vacated. We affirm.
FACTS
The
facts of this case are simple and undisputed. In 2013, when
he was a minor, appellant Dennis Roberts was adjudicated
delinquent of a fifth-degree drug offense, in violation of
Minn. Stat. § 152.025 (2012). In 2016, after reaching
the age of majority, appellant was arrested, charged with,
and pleaded guilty to possession of a firearm by an
ineligible person, in violation of Minn. Stat. §
624.713, subd. 1(2). The district court departed
dispositionally and sentenced appellant to 60 months stayed
prison time with five years of probation. In 2018, appellant
violated his probation and the district court executed his
sentence.
Appellant
then filed a petition for postconviction relief, arguing that
as a matter of law, his prior juvenile adjudication did not
qualify as a "crime of violence." The
postconviction court denied appellant's petition,
concluding that appellant's reading of the relevant
statutes would contravene clear legislative intent and render
relevant statutory language "meaningless." This
appeal follows.
ISSUE
Does
the definition of "crime of violence" contained
within Minn. Stat. § 624.712, subd. 5 (2014), encompass
juvenile adjudications of the listed offenses, such that
Minn. Stat. § 624.713, subd. 1(2), prohibits persons who
have been adjudicated delinquent ...