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STATE OF MINNESOTA IN COURT OF APPEALS A07-0245 State of Minnesota, Respondent, vs. John E. Outlaw, Appellant. Filed May 6, 2008 Affirmed in part, reversed in part, and remanded Kalitowski, Judge Ramsey County District Court File No. K7-06-2521 Lori Swanson, Attorney General, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101-2134; and Susan Gaertner, Ramsey County Attorney, Thomas R. Ragatz, Assistant County Attorney, 50 Kellogg Boulevard West, Suite 315, St. Paul, MN 55102 (for respondent) Lawrence Hammerling, Chief Appellate Public Defender, Jodie L. Carlson, Assistant Public Defender, 540 Fairview Avenue North, Suite 300, St. Paul, MN 55104 (for appellant) Considered and decided by Minge, Presiding Judge; Kalitowski, Judge; and Connolly, Judge. SYLLABUS The district court did not violate appellants right to a jury trial under Blakely v. Washington by determining that appellants out-of-state convictions were felonies under Minnesota law.

OPINION KALITOWSKI, Judge Appellant John E. Outlaw challenges his conviction of and sentence for firstdegree burglary. Appellant argues that: (1) the district courts determination that his outof-state convictions are felonies under Minnesota law violated his right to a jury trial; (2) the state failed to prove that his out-of-state convictions are felonies under Minnesota law; (3) there was insufficient evidence to support his burglary conviction; (4) there was insufficient evidence that the current offense was part of a pattern of criminal conduct; (5) the prosecutor committed misconduct; and (6) appellant received ineffective assistance of counsel. FACTS On June 28, 2006, around 1:00 a.m., Paj Yang and her fianc

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Minnesota Law