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Keywords

hearingtrialdouble jeopardyjury trial
trialdouble jeopardyjury trial

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Hankerson v. State, 723 N.W.2d 232

Facts

Hankerson was convicted of first-degree criminal sexual conduct after a jury trial, stemming from a burglary and sexual assault of a 12-year-old girl. The district court sentenced her to 264 months in prison, which was a 120-month upward departure from the presumptive 144-month sentence, citing substantial and compelling circumstances. Following the U.S. Supreme Court's decision in Blakely, which invalidated her aggravated sentence, Hankerson sought postconviction relief, leading to the district court's decision to hold a resentencing hearing with a jury.

Hankerson was convicted of first-degree criminal sexual conduct after a jury trial, stemming from a burglary and sexual assault of a 12-year-old girl.

Issue

Did the district court have the authority to impanel a sentencing jury for resentencing Hankerson, and did this process violate double jeopardy or ex post facto laws?

Did the district court have the authority to impanel a sentencing jury for resentencing Hankerson, and did this process violate double jeopardy or ex post facto laws?

Rule

The Minnesota Supreme Court held that the 2005 amendments to Minn. Stat. § 244.10, subd. 5(a) and Minn. Sent. Guidelines II.D authorize the use of a sentencing jury for resentencing in cases where the original sentence was found to violate Blakely.

The 2005 amendments to Minn. Stat. § 244.10, subd. 5(a) and Minn. Sent. Guidelines II.D authorize the use of a sentencing jury for resentencing in cases where the original sentence was found to violate Blakely.

Analysis

The court determined that the retrospective application of the sentencing jury did not constitute double jeopardy because Hankerson had not been acquitted of the aggravating factors in her original sentencing. The court also found that the amendments were procedural and did not disadvantage Hankerson, as they provided her with a new opportunity for a fair adjudication of her sentence under a higher standard of proof.

The court determined that the retrospective application of the sentencing jury did not constitute double jeopardy because Hankerson had not been acquitted of the aggravating factors in her original sentencing.

Conclusion

The Minnesota Supreme Court affirmed the district court's decision, allowing for the use of a sentencing jury in Hankerson's resentencing, concluding that this did not violate double jeopardy or ex post facto principles.

The Minnesota Supreme Court affirmed the district court's decision, allowing for the use of a sentencing jury in Hankerson's resentencing, concluding that this did not violate double jeopardy or ex post facto principles.

Who won?

The State prevailed in the case, as the court upheld the district court's authority to impanel a sentencing jury for resentencing, affirming the constitutionality of the 2005 amendments.

The State prevailed in the case, as the court upheld the district court's authority to impanel a sentencing jury for resentencing.

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