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Subdivision 1.General rule.
Except as provided in subdivision 2, an alleged misdemeanor violation must be treated as a petty misdemeanor if the prosecuting attorney believes that it is in the interest of justice that the defendant not be imprisoned if convicted and certifies that belief to the court at or before the time of arraignment or pretrial hearing, and the court approves of the certification motion. Prior to the appointment of a public defender to represent a defendant charged with a misdemeanor, the court shall inquire of the prosecutor whether the prosecutor intends to certify the case as a petty misdemeanor. The defendant's consent to the certification is not required. When an offense is certified as a petty misdemeanor under this section, the defendant is not eligible for the appointment of a public defender.
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Subd. 2.Certain violations excepted.
Subdivision 1 does not apply to a misdemeanor violation of section 169A.20; 171.09, subdivision 1, paragraph (g); 171.306, subdivision 6; 609.224; 609.2242; 609.226; 609.52; or 617.23, or an ordinance that conforms in substantial part to any of those sections. A violation described in this subdivision must be treated as a misdemeanor unless the defendant consents to the certification of the violation as a petty misdemeanor.
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Subd. 3.Use of conviction for enhancement.
Notwithstanding any other law, a conviction for a violation that was originally charged as a misdemeanor and was treated as a petty misdemeanor under subdivision 1 or the Rules of Criminal Procedure may not be used as the basis for charging a subsequent violation as a gross misdemeanor rather than a misdemeanor.
Notes of Decisions
Cited in
8
cases, 1989–2017 · leading case:
State v. Johnson, 514 N.W.2d 551 (Minn. 1994).
State v. Johnson, 514 N.W.2d 551 (Minn. 1994).
· cites it 14× “Some time later, but before trial, the prosecutor moved to certify the misdemeanor charge as a petty misdemeanor pursuant to Minn.Stat. § 609.131, subd. 1 and State v.”
State v. Chauvin, 723 N.W.2d 20 (Minn. 2006).
· cites it 4× “04, which required the defendant's consent before a misdemeanor could be certified as a petty misdemeanor, over a contrary statute, Minn.Stat. § 609.131, subd. 1 (2004), which did not.”
State v. Batzer, 448 N.W.2d 565 (Minn. Ct. App. 1989).
· cites it 22× “This is an appeal challenging the trial court’s interpretation of Minn.Stat. § 609.131, subd. 1. We affirm.”
State v. Weltzin, 630 N.W.2d 406 (Minn. 2001).
· cites it 2× “1994) (“The process of certification as a petty misdemeanor under section 609.131 did not change any elements of the substantive offense or create a new class of offense.”
State v. Foncesa, 505 N.W.2d 370 (Minn. Ct. App. 1993).
· cites it 4× “It is also permitted under Minn.Stat. § 609.131 (1990). At least to the extent the two conflict, the statute overrides the rule.”
State v. Johnson, 495 N.W.2d 454 (Minn. Ct. App. 1993).
· cites it 14× “The state certified that Johnson’s incarceration would not be in the interest of justice and moved to reduce the charge to a petty misdemeanor pursuant to Minn.Stat. § 609.131, subd. 1 (1990). Johnson objected and pointed out that Minn.”
State v. Nelson, 499 N.W.2d 512 (Minn. Ct. App. 1993).
· cites it 2× “Although the ordinance provides that violations are misdemeanors, the Maplewood attorney stated in his brief that he certified the alleged violation as a petty misdemeanor pursuant to Minn.Stat. § 609.131 (1990). Nothing in the record, however, indicates that a motion to certify…”
State of Minnesota v. Kevin Ryan (Minn. Ct. App. 2017).
· cites it 2× “2; Minn. Stat. § 609.131 , subd. 1 (2014) (permitting certification of a misdemeanor as a petty misdemeanor).”
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