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Subdivision 1.Terms.
(a) As used in this section, "heinous crime" means:
(1) a violation or attempted violation of section 609.185 or 609.19;
(2) a violation of section 609.195 or 609.221; or
(3) a violation of section 609.342, 609.343, or 609.344, if the offense was committed with force or violence.
(b) "Previous conviction" means a conviction in Minnesota for a heinous crime or a conviction elsewhere for conduct that would have been a heinous crime under this chapter if committed in Minnesota. The term includes any conviction that occurred before the commission of the present offense of conviction, but does not include a conviction if 15 years have elapsed since the person was discharged from the sentence imposed for the offense.
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Subd. 2.Life without release.
Except as provided in subdivision 3, the court shall sentence a person to life imprisonment without possibility of release under the following circumstances:
(1) the person is convicted of first-degree murder under section 609.185, paragraph (a), clause (1), (2), (4), or (7), or murder of unborn child in the first degree under section 609.2661, clause (1) or (2);
(2) the person is convicted of committing first-degree murder in the course of a kidnapping under section 609.185, paragraph (a), clause (3), or murder of unborn child in the first degree in the course of a kidnapping under section 609.2661, clause (3); or
(3) the person is convicted of first-degree murder under section 609.185, paragraph (a), clause (3), (5), or (6), or murder of unborn child in the first degree under section 609.2661, clause (3), and the court determines on the record at the time of sentencing that the person has one or more previous convictions for a heinous crime.
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Subd. 3.Offender under age 18; life imprisonment.
The court shall sentence a person who was under 18 years of age at the time of the commission of an offense under the circumstances described in subdivision 2 to imprisonment for life.
Notes of Decisions
Leake v. State, 737 N.W.2d 531 (Minn. 2007).
· cites it 16× “Leake rejected the offer and was ultimately sentenced, contrary to what he was told by his trial counsel and the trial court, to life in prison without the possibility of release pursuant to Minn. Stat. § 609.106 (2002), the state's heinous crimes statute.”
State v. Smith, 669 N.W.2d 19 (Minn. 2003).
· cites it 28× “1978); (3) the evidence of premeditation for the first-degree premeditated murder charge was insufficient as a matter of law; (4) the evidence of kidnapping to support the conviction for first-degree murder while committing kidnapping was insufficient as a matter of law; (5) the…”
Prentis Cordell Jackson v. State of Minnesota, 883 N.W.2d 272 (Minn. 2016).
· cites it 26× “Because it is not possible to remand for a fair and meaningful Miller hearing in retroactive cases, we hold that Minn. Stat. §§ 609.106 , subd. 2, 244.05, subds.”
State v. Leake, 699 N.W.2d 312 (Minn. 2005).
· cites it 13× “This evidence was critical to the determination of whether Leake had previously been convicted of a “heinous crime” under Minn.Stat. § 609.106 (2004), thereby requiring the trial court to sentence him to life imprisonment with no possibility of release.”
Miller v. Alabama, 132 S. Ct. 2455 (2012).
· cites it 2× “2012); Minn. Stat. Ann. §§609.106 , subd. 2 (West 2009); Neb.”
State v. Mouelle, 922 N.W.2d 706 (Minn. 2019).
· cites it 14× “We therefore reverse the sentence imposed for the conviction under section 609.”
State v. Gutierrez, 667 N.W.2d 426 (Minn. 2003).
· cites it 8× “Gutierrez was sentenced under Minn.Stat. § 609.106, subd. 2(1) (2002), which provides for a mandatory life sentence without the possibility of release for anyone convicted of first-degree murder while committing or attempting to commit criminal sexual conduct in violation of…”
McCollum v. State, 640 N.W.2d 610 (Minn. 2002).
· cites it 10× “Second, that his sentence should be modified to include the possibility of release because the indictment did not refer to the heinous crimes statute, Minn. Stat. § 609.106 , subd. 2(2) (2000).”
State v. Tscheu, 758 N.W.2d 849 (Minn. 2008).
· cites it 4× “[1] The medical examiner used the term "homicidal violence" on the death certificate, a nonspecific term for death caused by violent activity of another, because she did not want to put a more specific term in a public document, particularly during an ongoing investigation.”
Butala v. State, 664 N.W.2d 333 (Minn. 2003).
· cites it 4× “NOTES [1] With the exception of certain enumerated predicate crimes, first-degree felony murder carries with it a mandatory life sentence.”
State of Minnesota v. Anthony James Cox, 884 N.W.2d 400 (Minn. 2016).
· cites it 4× “In 2005, the Legislature increased the penalty for first-degree premeditated murder by imposing the sentence of life without the possibility of release on all defendants convicted of first-degree premeditated murder.”
Annotations are extracted automatically from the opinions in the
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