The Minnesota Supreme Court has ruled in favor of a convicted St. Paul sex offender who argued that a jury, and not a judge, must decide his risk-level status.
The decision could affect the statuses of several Level-III sex offenders in the state.
Ge Her, 35, was released from prison in 2003 after serving time in a 1998 conviction for third-degree criminal sexual conduct, conspiracy to commit criminal sexual conduct and committing a crime for the benefit of a gang.
Her was adjudicated delinquent in the case, which involved the rape of two girls who were 13 and 14 at the time of the crime.
The Department of Corrections decided Her — before his release — was a high-risk, level-III sex offender, which he never challenged.
He moved to a new residence in 2008 and did not register as a predatory offender. Her was charged and sentenced to 16 months in prison and also received a 10-year conditional release term.
Her filed a motion five years later to change his sentence, arguing that the Sixth Amendment of the U. S. Constitution requires a jury to decide his high-risk status beyond a reasonable doubt. The Court of Appeals affirmed the district court’s decision.
He then took the case to the Minnesota Supreme Court, which sided with him, reversing the Court of Appeals decision and vacating his conditional release term.
The district court has also been remanded, and they must reassess Her’s case in light of the Supreme Court’s opinion. ..Source.. by CBSMinnesota
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