This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (2004).
STATE OF MINNESOTA
IN COURT OF APPEALS
Monte Don Tanner, petitioner,
Filed May 9, 2006
Hennepin County District Court
File No. 03034027
Craig E. Cascarano,
Mike Hatch, Attorney General, 1800
Amy Klobuchar, Hennepin County Attorney, Thomas A. Weist, Assistant County Attorney, C-2000 Government Center, 300 South 6th Street, Minneapolis, MN 55487 (for respondent)
Considered and decided by Shumaker, Presiding Judge; Halbrooks, Judge; and Crippen, Judge.*
challenges the denial of his petition for postconviction relief, arguing that
the entire Minnesota Sentencing Guidelines scheme is unconstitutional in the
wake of Blakely v. Washington, 542
Appellant Monte Don Tanner challenges the district court’s denial of his petition for postconviction relief from his sentence for a conviction of fleeing a peace officer under Minn. Stat. § 609.487, subd. 4(a) (2002). After appellant pleaded guilty to the offense in 2003, the district court imposed the presumptive 180-month sentence.
2004, appellant brought a petition for postconviction relief, arguing that the
entire sentencing-guidelines scheme is unconstitutional under Blakely v. Washington,
sole argument on appeal is that the entire Minnesota Sentencing Guidelines
scheme is unconstitutional in the wake of Blakely v. Washington, 542
Appellant has failed to present any argument addressing or distinguishing Shattuck. Because Blakely does not render the entire Minnesota Sentencing Guidelines scheme unconstitutional, we affirm.
* Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, § 10.