Opinion
No. C1-97-1313.
Filed November 25, 1997.
Appeal from the District Court, St. Louis County, File No. K995600237.
Hubert H. Humphrey III, Attorney General, (for respondent).
Alan L. Mitchell, St. Louis County Attorney, John E. DeSanto, Assistant County Attorney, (for respondent).
John M. Stuart, State Public Defender, Susan J. Andrews, Assistant Public Defender, (for appellant).
Considered and decided by Willis, Presiding Judge, Norton, Judge, and Schumacher, Judge.
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996).
UNPUBLISHED OPINION
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.
DECISION
A sentence that does not include the statutory requirements for the particular sentence imposed is not authorized by law. See Bangert v. State , 282 N.W.2d 540, 547 (Minn. 1979) (holding sentence not authorized where statutory language specifically prohibited sentence imposed). Trial courts may correct an unauthorized sentence at any time. Minn.R.Crim.P. 27.03, subd. 9; see also Bangert , 282 N.W.2d at 547 (concluding defendant should not benefit from sentencing court's error in applying the law). Minn. Stat. § 609.346, subd. 5(a) (1996) requires imposition of a five-year conditional release term for persons convicted under Minn. Stat. § 609.344.
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.