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Although a district court may rely on out-of-state offenses when calculating criminal-history points, see Minn. Sent’g Guidelines 2.B.5 (Supp. 2023), the state must “lay[] foundation for the court to do so,” and “has the burden at a sentencing hearing of establishing the facts necessary to justify consideration of out-of-state convictions in determining a defendant’s criminal history score,”

Although a district court may rely on out -of-state offenses when calculating criminal-history points, see Minn. Sent’g Guidelines 2.B.5 (2023), the state must “lay[] foundation for the court to do so” and has the burden to establish “the facts necessary to justify consideration of out -of-state convictions in determining a defendant ’s criminal history score,” State v. Maley , (quotati on omitted).

To do so, the state must demonstrate by a preponderance of the evidence that “the crime would constitute a felony in Minnesota.”

d 708, 711 (Minn. App. 2006).

“[T]he district court may not use out-of-state convictions to calculate a defendant’s criminal-history score unless the state lays foundation for the court to do so.”

We will not reverse a district court’s determination of a defendant’s criminal-history score “absent an abuse of discretion.”

“The [sentencing] guidelines direct that out‑of‑state felony convictions be included in a defendant’s criminal‑history score.” see also Minn. Sent’g Guidelines 2.B.5 (2020) (providing the district court with a procedure for counting out‑of‑state convictions).

(“The state must establish by a fair preponderance of the evidence that the prior conviction was valid, the defendant was the person involved, and the crime would constitute a felony in Minnesota.”); see also Minn. Sent’g Guidelines 2.B.5 (2018) (providing procedure for district court’s det

“[A] defendant’s right to appeal an illegal sentence cannot be waived.”

“The state must establish 5 by a fair preponderance of the evidence that the prior conviction was valid, the defendant was the person involved, and the crime would constitute a felony in Minnesota.”

“[T]he district court may not use out-of-state convictions to calculate a defendant ’s criminal- history score unless the state lays foundation for the court to do so.” d 708, 711 (Minn. 2006).4 “The state must establish by a fair preponderance of the evidence that the prior conviction was valid, the defendant was the person involved, and the crime would constitute a felony in Minnesota.” See id.

But because the stat e did not present that argument to the district court, we 8

An out-of-sta te felony conviction is “included in a 5 defendant’s criminal-history score.” State v. Maley

The state bears the burden of proof to “estab lish by a fair preponderance of the evidence that the prior conviction was valid, the defenda nt was the person involved, and the crime would constitute a felony in Minnesota.” State v. Maley

“Minnesota’s Sentencing Guidelines provide uniform standards for the inclusion and weighting of criminal [-]history information that are intended to increase the fairness and eq uity in determining a defendant’s criminal -history score.” State v. M aley, (quotation omitted).

“The district court’s determin ation of a defendant’s criminal - history score will not be reversed absent an abuse of discretion.” State v. Maley

To meet its burden, “[t]he state must establish by a fair preponderance of the evidence that the prior conviction was valid, the defendant was the person involved, and the crime would constitute a felony in Minnesota.” State v. Maley

“The state must establish by a fair preponderance of the evidence that the prior conviction was valid, the defendant was the person involved, and the crime would constitute a felony in Minnesota.” State v. Maley

“The state must establish by a fair preponderance of the evidence that the prior conviction was valid, the defendant was the person involved, and the crime would constitute a felony i n Minnesota.”

“[A] defendant’s right to appeal an illegal sentence cannot be waived.”

“[T]he district court may not use out-of-state convictions to calculate a defendant’s criminal-history score unless the state lays foundation for the co urt to do so.”

State v. McAdoo , State v. Maley , ( “[T]he district court may not use out -of-state convictions to calculate a defendant’s criminal -history score unless the state lays foundation for the court to do so.”).