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STATE OF MINNESOTA IN COURT OF APPEALS A10-52 State of Minnesota, Appellant, vs. Bret Duane Hannam, Respondent. Filed January 18, 2011 Appeal dismissed Peterson, Judge Mower County District Court File No. 50-CR-06-1233 Lori Swanson, Attorney General, St. Paul, Minnesota; and Kristen Nelsen, Mower County Attorney, Jeremy L. Clinefelter, Assistant Mower County Attorney, Austin, Minnesota (for appellant) David W. Merchant, Chief Appellate Public Defender, Michael W. Kunkel, Assistant Public Defender, St. Paul, Minnesota; and Karen R. Duncan, Third District Public Defender, Owatonna, Minnesota (for respondent) Considered and decided by Peterson, Presiding Judge; Hudson, Judge; and Larkin, Judge. SYLLABUS This court lacks authority to modify a sentence that has expired.

OPINION PETERSON, Judge The State of Minnesota has filed this appeal challenging the district courts decision to resentence respondent Bret Duane Hannam to 27 months in prison, following this courts remand. See State v. Hannam, No. A08-473, 2009 WL 1311587 (Minn. App. May 12, 2009) (Hannam I) (remanding for resentencing), review denied (Minn. Aug. 11, 2009). On appeal, the state argues that the district court misconstrued this courts

decision in Hannam I and that the 27-month sentence represents an impermissible departure from the mandatory minimum sentence required under Minn. Stat.

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