Find Court Cases > C1-99-635, State of Minnesota, Respondent, vs. Chaqui Tenae Franklin, petitioner, Appellant.

C1-99-635, State of Minnesota, Respondent, vs. Chaqui Tenae Franklin, petitioner, Appellant.

Case Date: 09/27/2001
Court: Supreme Court
Docket No: C1-99-635, State of Minnesota, Respondent, vs.

STATE OF MINNESOTA

IN SUPREME COURT

C1-99-635

Court of Appeals Anderson, Paul H., J.

 

State of Minnesota,

Respondent,

vs.

Chaqui Tenae Franklin, petitioner,

Appellant.

Filed: January 6, 2000
Office of Appellate Courts

 

S Y L L A B U S

The general purpose of probation is to rehabilitate the probationer while preserving public safety.

A district court abuses its sentencing discretion when it does not demonstrate a reasonable nexus between the general purpose of probation and a geographical exclusion that excludes a probationer from the entire city of Minneapolis.

Reversed and remanded.

Heard, considered and decided by the court en banc.

O P I N I O N

ANDERSON, Paul H., Justice.

Chaqui Franklin contests a probation condition excluding her from the city of Minneapolis. Franklin asserts that imposition of this condition was an abuse of the district court's discretion. The Minnesota Court of Appeals held the condition valid. We reverse.

On June 29, 1998, appellant Chaqui Franklin was arrested for trespass at Bossen Terrace Apartments, an apartment complex located in the city of Minneapolis. The arrest was made by an off-duty Minneapolis police officer who was patrolling the area around the apartments as a part-time employee of a property management company. Following the arrest, the officer placed Franklin in the back seat of a police squad car. The officer did not handcuff Franklin. While in the squad car, Franklin began yelling, screaming, and kicking at the door. At this time, the officer observed Franklin's mother come running towards the squad car while yelling at the officer. The officer then began to open the door so that Franklin could speak with her mother. When the officer opened the door, Franklin kicked the door, kicked the officer, struck the officer with her fists, grabbed for the officer's gun, and choked the officer until the officer became light headed. Franklin's choke hold was broken only with the help of a bystander.

Hennepin County authorities charged Franklin with Assault in the Fourth Degree and Obstructing Legal Process or Arrest, both felonies. See Minn. Stat.