§
Subdivision 1.Felony.
Notwithstanding a conviction is for a felony:
(1) the conviction is deemed to be for a misdemeanor or a gross misdemeanor if the sentence imposed is within the limits provided by law for a misdemeanor or gross misdemeanor as defined in section 609.02; or
(2) the conviction is deemed to be for a misdemeanor if the imposition of the prison sentence is stayed, the defendant is placed on probation, and the defendant is thereafter discharged without a prison sentence.
§
Subd. 2.Gross misdemeanor.
Notwithstanding that a conviction is for a gross misdemeanor, the conviction is deemed to be for a misdemeanor if:
(1) the sentence imposed is within the limits provided by law for a misdemeanor as defined in section 609.02; or
(2) if the imposition of the sentence is stayed, the defendant is placed on probation, and the defendant is thereafter discharged without sentence.
§
Subd. 3.Misdemeanors.
If a defendant is convicted of a misdemeanor and is sentenced, or if the imposition of sentence is stayed, and the defendant is thereafter discharged without sentence, the conviction is deemed to be for a misdemeanor for purposes of determining the penalty for a subsequent offense.
Notes of Decisions
Cited in
92
cases (
7 in the last 5 years), 1964–2026 · leading case:
State v. Anderson, 733 N.W.2d 128 (Minn. 2007).
State v. Anderson, 733 N.W.2d 128 (Minn. 2007).
· cites it 28× “Five years later, the court discharged Anderson from probation and ordered that his felony conviction be deemed a misdemeanor under Minn.Stat. § 609.13, subd. 1 (2006). Anderson was later convicted of another felony and again placed on probation.”
State v. S.A.M., 891 N.W.2d 602 (Minn. 2017).
· cites it 45× “was released from probation the conviction was deemed a misdemeanor under Minn. Stat. § 609.13 , subd. 1(2) (2016).”
State v. Moon, 463 N.W.2d 517 (Minn. 1990).
· cites it 26× “165, subdivision la, applied to Moon in light of Minn.Stat. § 609.13, subd. 1(2) (1990). The court of appeals held that the trial court erred in imposing the firearms restriction because Moon’s conviction was deemed to be for a misdemeanor and misdemeanor theft does not…”
State v. Skramstad, 433 N.W.2d 449 (Minn. Ct. App. 1988).
· cites it 32× “Appellant argues that his prior conviction for aggravated assault was reduced to misdemeanor status by Minn.Stat. § 609.13, subd. 1(2) which states: A [felony] conviction is deemed to be for a misdemeanor if the imposition of the prison sentence is stayed, the defendant is…”
State of Minnesota v. Michael David Franklin, 861 N.W.2d 67 (Minn. 2015).
· cites it 18× “We must determine whether a felony conviction that has been deemed a misdemeanor pursuant to Minn.Stat. § 609.13, *68 subd. 1 (2014), before an offender is sentenced on the current offense, can be considered when determining whether the offender “has five or more prior felony…”
State v. Foster, 630 N.W.2d 1 (Minn. Ct. App. 2001).
· cites it 34× “The district court certified the question of whether a prior felony, subject to a stay of imposi *2 tion, which thus became a misdemeanor under Minn.Stat. § 609.13, subd. 1(2) (2000), subjects the offender to criminal liability for possession of a firearm.”
State of Minnesota v. S. A. M., 877 N.W.2d 205 (Minn. Ct. App. 2016).
· cites it 15× “ISSUE May a felony conviction that is later deemed a misdemeanor conviction by operation of Minn.Stat. §§ 609.13, subd. 1(2); .135 (2014), be expunged under Minn.”
State v. Franklin, 847 N.W.2d 63 (Minn. Ct. App. 2014).
· cites it 28× “ISSUE Is a felony conviction that is deemed to be a misdemeanor conviction under Minn. Stat. § 609.13 , subd. 1(2), treated as a prior felony conviction when applying the career-offender statute? ANALYSIS We review the legality of a district court’s sentencing decision de novo.”
State v. Maurstad, 733 N.W.2d 141 (Minn. 2007).
· cites it 4× “As a result, his felony conviction was deemed a misdemeanor by operation of Minn.Stat. § 609.13, subd. 1(2) (2006). The instant case arises from criminal offenses Maurstad committed in 2003.”
State v. Campbell, 814 N.W.2d 1 (Minn. 2012).
· cites it 4× “Minn.Stat. § 609.13, subd. 1(1) (2010). Minn.”
State v. Adams, 295 N.W.2d 527 (Minn. 1980).
· cites it 4× “02, subdivision 2, notwithstanding the provisions of section 609.13. Subd. 4. Limitations. Subdivision 2 does not apply unless: (1) The prior convictions occurred within ten years prior to the commission of the crime of which the defendant presently stands convicted; and (2) The…”
— Minn. Stat. § 609.13(1) — 2 cases
— Minn. Stat. § 609.13(2) — 2 cases
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