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,
Larry Lee Garner,
Filed November 25, 1997
St. Louis County District Court
File No. K995600237
Alan L. Mitchell, St. Louis County Attorney, John E. DeSanto, Assistant County Attorney, 501 Courthouse, 100 North Fifth Avenue West, Duluth, MN 55802 (for respondent)
John M. Stuart, State Public Defender, Susan J. Andrews, Assistant Public Defender, 2829 University Avenue Southeast, Suite 600, Minneapolis, MN 55414 (for appellant)
Considered and decided by Willis, Presiding Judge, Norton, Judge, and Schumacher, Judge.
Under a plea agreement, Garner pleaded guilty to third-degree criminal sexual conduct in violation of Minn. Stat. § 609.344, subd. 1(b) (1996). Garner was sentenced to 18 months in prison, but execution was stayed for seven years. When Garner violated his probation, the sentencing court executed the sentence. At the revocation hearing, the court imposed a five-year conditional release term as part of Garner's sentence. On appeal, Garner argues the court did not have the authority to impose the conditional release term because the court failed to impose it in the original sentence. We affirm.
The record shows: (1) Garner was convicted under a statute that requires imposition of the conditional release term; (2) the sentencing court failed to impose the conditional release term at the original sentencing; and (3) at the time the sentence was executed, the sentencing court imposed the conditional release term to correct the original sentence. Because the original sentence did not include the required statutory sentence, the sentence was unauthorized and the sentencing court's imposition of the conditional release term after the revocation hearing was proper.