DSRA Increased Weight Threshold Does Not Entitle Defendant To Dismissal of Charges

State v. Otto, Minn.S.Ct., 7/26/2017.  This is a companion case to State v. Kirby, decided the same day with basically the same alignment of justices.  Just as Mr. Kirby got the benefit of the reduced Guidelines sentencing range, so, too, does Mr. Otto.

The added wrinkle for Mr. Otto is that the DSRA increased the weight threshold for his crime of conviction.  Mr. Otto possessed 29 grams of methamphetamine, which at the time of his trial satisfied the weight threshold of 25 grams.  After enactment of the DSRA, however, those 29 grams no longer satisfied the weight threshold.  Mr. Otto said that his conviction should be vacated and the charges dismissed.  Justice Lillehaug, for all seven members of the court, reject this assertion, pointing to the DSRA language that says that the new legislation did not apply to crimes committed prior to its effective date.