Court of Appeals Published Opinions

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DECISIONS OF THE COURT OF APPEALS

FILED TUESDAY, FEBRUARY 9, 2010

A09-1930        State of Minnesota, Appellant, vs. Robert John Dorcy, Jr.,
                        Respondent.
                        Wright County District Court, Hon. Stephen M. Halsey.
            1.    Under Minn. R. Crim. P. 28.04, subd. 2(2), as construed in State v. Barrett, 694 N.W.2d 783 (Minn. 2005), a prosecution pretrial appeal must be dismissed if the prosecuting attorney has not served the state public defender's office within the time provided to file the appeal.
            2.    The jurisdictional requirement of timely service on the state public defender's office applies whether the defendant is represented in the district court by a public defender or by private counsel.
            Appeal dismissed. Chief Judge Edward Toussaint, Jr.

A09-830          William Paul Vickla, petitioner, Appellant, vs. State of
                        Minnesota, Respondent.
                        Dakota County District Court, Hon. Robert Carolan.
            Pursuant to Neal v. State, 658 N.W.2d 536, 546-49 (Minn. 2003), an appellate court reviews a sentence imposed under the career-offender statute to determine whether the sentence is consistent with the requirements of the statute and, if so, whether the sentence is "unreasonable, inappropriate, excessive, unjustifiably disparate, or not warranted by the findings of fact issued by the district court" under Minn. Stat. § 244.11, subd. 2(b) (2004).
            Reversed and remanded. Judge Heidi S. Schellhas.

A09-985          Richard Donald Carse, petitioner, Appellant, vs. State of
                        Minnesota, Respondent.
                        Hennepin County District Court, Hon. Toddrick S. Barnette.
            A district court may accept a defendant's knowing, voluntary, and express waiver of the right to be present at trial, so long as the waiver is made after commencement of trial.
            Affirmed in part, reversed in part, and remanded. Judge Michelle A. Larkin.