Preview:

STATE OF MINNESOTA IN SUPREME COURT A09-2297 Ramsey County Meyer, J. Concurring, Dietzen, J. and Gildea, C.J. Took no part, Stras, J.

Jerry Vang, a/k/a Vang Toua Xeng Vang, petitioner, Appellant, Filed: September 9, 2010 Office of Appellate Courts vs. State of Minnesota, Respondent. ________________________ Melissa Sheridan, Assistant State Public Defender, Eagan, Minnesota, for appellant. Lori Swanson, Attorney General, St. Paul, Minnesota; and Susan Gaertner, Ramsey County Attorney, Mark Nathan Lystig, Assistant County Attorney, St. Paul, Minnesota, for respondent. ________________________ SYLLABUS 1. In light of the exceptional and extraordinary circumstances of Vang's case,

we exercise our inherent authority to construe the proceedings as a direct appeal. 2. Vang's convictions and sentences are void because the juvenile court

lacked subject-matter jurisdiction to convict and sentence Vang as an adult. Reversed and remanded. 1

OPINION MEYER, Justice. The juvenile court convicted and sentenced 14-year-old appellant Jerry Vang as an adult in this first-degree murder case. Vang, who was indigent, made a timely request that the State Public Defender's Office (SPDO) file a direct appeal on his behalf. The SPDO did not file a direct appeal. Well after the time to file a direct appeal expired, the SPDO filed a petition for postconviction relief on behalf of Vang. The postconviction court denied Vang's request for relief. We hold that Vang's convictions and sentences are void because the juvenile court lacked subject-matter jurisdiction to convict and sentence Vang as an adult. Accordingly, we reverse and remand. On August 7, 2001, Kor Vang met 14-year-old appellant Jerry Vang (Vang) at Vang's house to drive together to a funeral. On their way to the funeral, the two turned into an alley and saw several people, including Kao Vang and Kou Vang, "standing around." Kor, who was driving, stopped the car and backed up. Vang and Kao "got into a verbal argument" regarding problems between their younger brothers. Vang left the car, took out a loaded nine-millimeter gun, and shot Kao "six or seven times." Vang also shot Kou twice. Vang returned to the car, and Kor drove the two to Chee Thao's house, where Vang was arrested an hour later. Although Kou survived the shooting, Kao did not. On August 10, 2001, the State filed a delinquency petition in Ramsey County Juvenile Court alleging first-degree murder (drive-by shooting), Minn. Stat.

Download A09-2297, Jerry Vang, a/k/a Vang Toua Xeng Vang, Appellant, vs. State of Minneso

Minnesota Law