Friday, September 29, 2017

A "School Zone" Under Drug Laws Includes All City Blocks That Surround a School Property

Lapenotiere, Jr., v. State, Minn.Ct.App., 9/25/2017.  Selling drugs in a "school zone" is a second degree controlled substance offense. A "school zone" has two statutory definitions:  "the area surrounding the school property ... to a distance of 300 feet or one city block, whichever distance is greater."  Mr. Lapenotiere, Jr. sold drugs at his home.  It's the "one city block" that's in play; the state did not claim that Mr. Lapenotiere"s home was located within three hundred feet of the school property.

Mr. Lapenotiere, Jr. said that only those "city blocks" which share a border with the school property meet the statutory requirement.  Imagine - because I'm not able to reproduce it here - a 3x3 square which is divided into 9 smaller squares of equal size.  The "school property" is in the middle square.  Mr. Lapenotiere, Jr. said that only the four squares that touch the "school property" square count. Because his house is in the upper left square it doesn't count.  

Well, it's a clever argument but not a winning one.  The court says that all eight of the blocks in the 3x3 square meet the statutory requirement.  


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