Case Type: State Appeal

Case Title: State v. McClellan 

Charges: Violation of Controlled Substance Crime – Sale and Possession 1st Degree

Jurisdiction: Minnesota Court of Appeals

Case Results: REVERSED AND REMANDED

Case Summary: Mr. McClellan was charged with two counts of Violation of Controlled Substance Crime – Sale and Possession 1stDegree.  Mr. McClellan was acquitted by the jury of the sale charge but convicted of the possession charge.  Mr. McClellan received a 120 months (10 years) prison sentence by the court.  The 120 months was the high end of the Sentencing Guidelines box.  (Please see Mr. McClellan’s case details under Assaults).  Mr. Whitlock appealed the conviction and trial judge’s sentence.  On appeal, Mr. Whitlock successfully argued to a three judge panel to over-turn the conviction and trial judge’s sentence.  The Court of Appeals reversed and remanded the drug conviction for a new trial due to improper joinder with the assault related offenses.  Unfortunately, Mr. McClellan was required to serve prison time while Mr. Whitlock appealed the case.  Once the case was sent back to the district court, Mr. McClellan requested that Mr. Whitlock negotiate a sentence to give him credit for the time he already served in prison instead of a new trial.  The negotiation was successful.

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