This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (2006).
IN COURT OF APPEALS
Anthony Daniel Johnson, petitioner,
Filed July 10, 2007
Hennepin County District Court
File No. 98019401
Anthony Daniel Johnson,
Lori Swanson, Attorney General, 1800
Michael O. Freeman, Hennepin County Attorney, Michael
K. Walz, Assistant County Attorney, C-2000 Government Center,
Considered and decided by Lansing, Presiding Judge; Halbrooks, Judge; and Hudson, Judge.
U N P U B L I S H E D O P I N I O N
In 1998, Anthony Johnson pleaded guilty to two counts of second-degree felony murder, and the district court sentenced him to two consecutive 150-month sentences. In April 2006, Johnson filed a third petition for postconviction relief and the district court denied his petition based on the Knaffla rule. Because Blakely does not apply retroactively and the multiple-victim exception to Minn. Stat. § 609.035 (1996) does not violate the Double Jeopardy Clause, we affirm.
F A C T S
Anthony Johnson acted as a lookout during a 1996 shooting in which two people were killed. In 1998, he pleaded guilty to two counts of second-degree felony murder and received two consecutive 150-month sentences.
2002, Johnson filed for postconviction relief and was assigned counsel to
assist with his petition. Johnson argued
that his plea agreement was involuntary, that he received ineffective
assistance of counsel, and that there was prosecutorial misconduct. The district court denied the petition and
this court affirmed on appeal. Johnson v. State, No. A03-934 (
In 2006, Johnson filed a pro se “motion for correction of sentence” challenging the imposition of consecutive sentences. Johnson argued that the multiple-victim exception to Minn. Stat. § 609.035 (1996) violates the Double Jeopardy Clause and that the state was required to prove that his crimes were part of separate behavioral incidents. The district court denied Johnson’s petition because it was barred by the Knaffla rule and because it failed on the merits. Johnson appeals the denial.
D E C I S I O N
a preliminary matter, we must determine whether Johnson’s petition is
procedurally barred by the Knaffla rule. Under Knaffla,
when a direct appeal has been taken, all claims that were raised or could have
been raised are waived and will not be considered in a petition for postconviction
relief unless an exception applies. State v. Knaffla, 309
this case, however, Johnson’s arguments both relate to the imposition of
multiple sentences. The protections
against multiple sentencing are not waivable.
State v. White, 300
the Knaffla rule does not bar
Johnson’s petition, his claims have no merit.
First, the multiple-victim exception to Minn. Stat. § 609.035
(1996) does not violate the Double Jeopardy Clause.