State of Minnesota v. Loren Clyde Bauer

Syllabus

Appellant challenges his sentence for felony indecent exposure, arguing that the district court abused its discretion by including two felony points in his criminal-history score for two out-of-state convictions because the state failed to (1) establish sufficient evidentiary foundation for including the convictions in his score and (2) prove that they are equivalent to Minnesota felonies and therefore should be counted as felonies. We discern no abuse of discretion by the district court in including the convictions in Bauer's criminal- history score. But because the record does not support counting one of the convictions as a felony, we reverse and remand for resentencing.