Cited by

See Brown, d at 157; - 82 (Minn. 2015).

5, clearly and unambiguously provides that a ‘conviction’ occurs when the district court accepts the guilty plea and the acceptance is on the record.” see also State v. Martinez- 8 Mendoza, (stating that “a conviction requires that a district court both accept and record the guilty plea” and holding “that a court ‘records’ a guilty plea upon accepting the guilty plea and

A prior sex-offense conviction includes “a conviction for a separate behavioral incident entered before a second conviction, whether at different hearings or during the same hearing.”

4 Appellant’s attorney responded: “I would argue that the fact that they [the offenses] happened on the same date at simultaneously the same time that they would not qualify as a previous conviction and that it should be the ten year release.” The district court concluded: Having reviewed Minnesota Statute 609.3455 and State v. Nodes, [] and some recent unpublished cases in providing interpretation .

5 (2022), as “any of the following accepted and recorded by the court: (1) a plea of guilty; or (2) a verdict of guilty by a jury or a finding of guilty by the court.” (emphases added).

Under section 609.3455, a “prior sex offense conviction” includes “a conviction for a separate behavioral incident entered before a second conviction, whether at different hearings or during the same hearing.” see also Minn. Stat. § 609.3455, subd.

The Minnesota Supreme Court has clarified that “a court ‘records’ a guilty plea upon accepting the guilty plea and adjudicating the defendant guilty on the record.” (quotation omitted).

Under section 609.3455, a “prior sex offense conviction” includes “a conviction for a separate behavioral incident entered before a second conviction, whether at different hearings or during the same hearing.” see also Minn. Stat. § 609.3455, subd.

fendant] has been released from prison, the commissioner shall place the [defendant] on conditional release for the remainder of the [defendant’s] life.” Under Minn. Stat. § 609.3455, a “prior sex offense conviction” extends to “a conviction for a separate behavioral incident entered before a second conviction, whether at different hearings or during the same hearing.”

In State v. Nodes, the Minnesota Supreme Court considered the statutory meaning of a “previous or prior sex offense conviction.”

the supreme court held that another sex-offense conviction in the same case may constitute a “‘previous or prior sex offense conviction’” for purposes of section 609.3455, subdivision 7(b).

Instead, a conviction occurs “when the district court accepts the guilty plea and the acceptance is on the record.”

7(b) (2018); see also State v. Nodes

Our decision is consistent with State v. Nodes , which held that a “prior sex offense conviction” under section 609.3455 “unambiguously includes a conviction for a separate behavioral incident entered before a second conviction, whether at different hearings or during the same hearing.” (emphasis added).

In 2016, the supreme court held that lifetime conditional release applies when convictions are entered separately, even if they occur “in rapid succession.” d 77, 82 (Minn. 2015).

A guilty plea is considered 5 “recorded” for purposes of this definition “when a court adjudicates a defendant guilty on the record.”

The supreme court discussed Minn. Stat. § 609.3455 d 77 (Minn. 2015).

recorded in hearing and trial transcripts are often imprecise and unclear with respect to sentencing and conviction orders, we typically look to the official judgment of conviction, which generally appears as a separate entry in the file, as conclusive evid ence of whether an offense has been formally adjudicated.” -81 (Minn. 2015).

As an example, Overweg points to State v. Nodes , in which two convictions, arising from separate behavioral incidents, were entered at the same hearing and the defendant received an enhanced term of conditional release on the second conviction.

7 A reviewing court typically looks “to the official judgment of conviction, which generally appears as a separate entry in the file, as conclusive evidence of whether an offense has been formally adjudicated.” (quotation omitted); see also Pflepsen , d at 767 (“ Because the testimony and statements recorded in hearing and trial tran scripts are often imprecise and unclear with respect to sentencing and conviction orders, [appellate courts] typically look to the official judgment of conviction

State v. Nodes , , 81 (Minn. 2015).

1(g) (2008) ; see State v. Nodes , , 81-82 (Minn. 2015) (construing "before" and "present offense" in section 609.3455, subdivision 1(g) ).

the supreme court interpreted the meaning of a prior sex offense conviction under Minn. Stat. § 609.3455 when a defendant was convicted of two sex offenses in the same hearing.

The supreme court subsequently observed that “[b]ecause we have held that a guilty plea is ‘recorded’ when a court adjudicates a defendant guilty on the record, that holding is part of the ‘conviction’ definition [of section 609.02, subd ivision 5] as though written therein.”

5, (2016)] occurs when the district court accepts the guilty plea and the acceptance is on the record.” 6 (Minn. 2015).

Id.; (stating that when courts have previously interpreted the statute, that interpretation acts as a guide in subsequent challenges to the statute).

“If a statute is susceptible to only one reasonable interpretation, we interpret the statute according to its plain meaning.”