“Park Zone” Defined, Sort of, For Drug Offenses.

State v. Carufel, Minn.St.Ct., 4/29/2010.  On three different dates an informant went to Mr. Carufel’s residence and purchased cocaine from him.  For each of these purchases, the state charged Mr. Carufel of third degree sale of narcotics and with second degree sale of narcotics.  The state supported the second degree count with the claim that the sale had taken place in a “park zone,” in this case, Gabryck Park.

Now, in case you’re wondering, Mr. Carufel does not live in this park, nor is his house situated within the park’s boundaries.  Rather, the state claimed that Mr. Carufel’s house is within “the area within 300 feet or one city block, whichever distance is greater, of the park boundary.”  Minn.Stat.  152.01, subd. 12a. The question is:  what is a city block?

Well, first it has to be a square block.  If you’re selling drugs in the vicinity of Como Park, breath easier.  On the other hand, if you’re selling drugs across town at Hamline Park, think about moving your operation.

Gabryck Park occupies one square block; Mr. Carufel’s house is on the next street over to the east, which is also a square block.   (If you need a map, go here.)  Unfortunately for him, his house is on the western side of this street.  That’s enough for the appellate court; Mr. Carufel’s house is within the area of a city block of the park boundary.  Curiously,

Justice Page concurs in the result only.  Justice Paul Anderson concurs in the result but with a totally different interpretation, complete with diagrams; it’s a must read.