Melvin Bilbro v. State of Minnesota

Summary

The Minnesota Supreme Court reversed the Court of Appeals and remanded for resentencing, holding that the State could not raise, without a cross‑petition, the argument that the appellate court erred in construing Bilbro’s motion as a post‑conviction petition, and that Bilbro’s consecutive sentences were an unauthorized upward departure from the 2007 Sentencing Guidelines because no substantial reasons were provided.