State v. Defatte, A18-0881

Published: April 1, 2019, 3 p.m.

b'Respondent State of Minnesota charged appellant John Wesley Defatte with two counts of domestic assault, alleging that the offenses occurred within 10 years of two previous qualified domestic violence-related offense convictions that arose out of the same behavioral incident. The charges were enhanced to a felony based on Minn. Stat. \\xa7 609.2242, subd. 4 (2018), which reads: \\u201cwhoever violates the provisions of this section or section 609.224, subdivision 1, within ten years of the first of any combination of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency is guilty of a felony.\\u201d Defatte filed a motion to dismiss the felony charges arguing that Minn. Stat. \\xa7 609.2242, subd. 4, applies only when the previous convictions arise out of separate behavioral incidents. The district court granted the motion and the State appealed. The court of appeals reversed and remanded for further proceedings.\\n\\nOn appeal to the supreme court, the issue presented is whether Minn. Stat. \\xa7 609.2242, subd. 4, applies only when the previous convictions arise out of separate behavioral incidents. (Cass County)'