I’m not sure that the word “stacked” is the best word to use in this case. Based on my reading, it seems the court of appeals might agree. To myself, “stacked” would imply that they are all together, one on top of another, concurrent. It appears that the district court intended “stacked” to mean one after another. Luckily, with no further clarification, the shorter probation is applied.
A12-0158 Ryan William Pageau, petitioner, Appellant, vs. State of Minnesota,Respondent.
Chisago County District Court, Hon. John R. McBride.
To impose stacked probationary periods when pronouncing a stayed sentence consecutively to another stayed sentence, a district court must specify that the probationary periods are to be stacked. In the absence of such a directive, the probationary periods run simultaneously.
Reversed and remanded. Judge Michelle A. Larkin.
Dissenting, Judge Heidi S. Schellhas.
By: Landon J. Ascheman, Esq.
Landon@AschemanSmith.com
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