may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (1996).
STATE OF MINNESOTA
IN COURT OF APPEALS
State of Minnesota,
Raciel Proenza Zaldivar,
Filed December 17, 1996
Kandiyohi County District Court
File No. K496496
Boyd A. Beccue, Kandiyohi County Attorney, Jennifer K. Fischer, Assistant County Attorney, 316 Southwest Fourth Street, Post Office Box 1126, Willmar, MN 56201 (for Respondent)
Timothy S. Johnson, Eighth Judicial District Public Defender, William H. McKibbin, Assistant Public Defender, 432 West Litchfield Avenue, Willmar, MN 56201 (for Appellant)
Considered and decided by Klaphake, Presiding Judge, Schumacher, Judge, and Amundson, Judge.
Raciel Proenza Zaldivar appeals his sentence from a conviction for disorderly conduct, arguing the district court erred in ordering him to provide a DNA sample. We reverse.
(1) the court sentences a person charged with violating or attempting to violate section 609.342, 609.343, 609.344, or 609.345, [first- through fourth-degree criminal sexual conduct] who is convicted of violating one of those sections or of any offense arising out of the same set of circumstances;
(2) the court sentences a person as a patterned sex offender under section 609.1352; * * *
Id., subd. 1.
Unless the defendant is convicted of one of the enumerated sex offenses, a DNA sample cannot be ordered as part of the sentence. The district court agreed that the applicable statute did not require a DNA sample after a disorderly conduct conviction, but felt it was in the best interest of justice to order the sample. We conclude it was an abuse of discretion for the district court to order the DNA sample and that part of the sentencing order is reversed.