The week of October 19, 2017, gave us nothing in the way of no case law. The MN supreme court disciplined some attorney and the court of appeals gave us eight cases nonpublished. So we are going to go back a few weeks to a published case about slingin’ dope in a school zone. I don’t know if slingin’ dope is the right colloquium but it sounds cool lame so let’s go with that. This case was called State v. Lapenotiere (A17-0456) The head of the NRA was convicted of sale of drugs 2nd and 3rd degree within a block or 300 feet of school property. He got 78 months in prison and appealed.
Under Minn. Stat. § 152.022, subd. 1(6), the state was required to prove that he sold a controlled substance in a school zone. “School zone” is defined as “the area surrounding the school property . . . to a distance of 300 feet or one city block, whichever distance is greater.” Minn. Stat. § 152.01, subd. 14a(1)(2).
This is the property layout of this case:
Wayne lives where the X is located. This image is from google maps so perhaps if Wayne lived in a bigger house he wouldn’t need to sell drugs. Lapenotiere says he doesn’t live one city block of the school property. He argues State v. Carufel, where the defendant was convicted of second-degree controlled-substance crime based on selling drugs in a “park zone.” 783 N.W.2d 539, 541-42 (Minn. 2010).
“Park zone” is defined as “`the area within 300 feet or one city block, whichever distance is greater, of the park boundary.'” Id. at 542 (quoting Minn. Stat. § 152.01, subd. 12a (2008)). Carufel contended that the term “one city block” is ambiguous and encompasses, at most, the side of a block that is directly across the street from a park. Id. at 543, 545. The supreme court rejected both arguments, first observing that the term “block” is commonly understood “as a rectangular section of a city or town bounded on each side by consecutive streets.” Id. at 544. After noting that “one city block” is both a distance measurement and a description of area, id. at 544 n.2, the supreme court held that
when the land surrounding a public park is an area divided into rectangular blocks bounded by city streets on all four sides, the phrase “the area within . . . one city block” . . . is not ambiguous and the park zone includes the entire area of a block that is directly adjacent to the park.
Id. at 545. Wayne says his case is not like Careful’s (sp) case and he should be treated differently. Wayne says if you look at the google map above, under a careful reading of Careful (sp) that only the gray areas should be treated as directly adjacent. Wayne asserts that he does not live within one city block of the school property because his residence (The X house”) is on a corner block rather than a block “directly adjacent” to the school property. Wayne loses this argument.
First, they reject Wayne’s reliance on Carufel that only city blocks bounded by a street that borders school property meet the statutory requirement. While it is true that Carufel’s residence was located on such a block, the supreme court emphasized that its holding was “limited to the actual facts presented.” Id. at 545 n.3. Careful applies to Careful. Nice try…Wayne.
Second, “park zone” is defined as “the area within 300 feet or one city block . . . of the park boundary.” Minn. Stat. § 152.01, subd. 12a (2012). But “[s]chool zone” is defined as “the area surrounding school property . . . to a distance of 300 feet or one city block, whichever is greater.” Minn. Stat. § 152.01, subd. 14a. “Surround” means “[t]o extend on all sides of simultaneously; encircle.” The American Heritage Dictionary 1754 (5th ed. 2011). Nice try again…Wayne. But think of it as sweet surround sound speakers. You don’t have to be sitting by the soundbar to hear how awesome Nick Cage’s “The Rock” sounds.
Third, keep children away from drugs. Does Wayne not remember that remember that episode, in “Saved by the Bell.” It was called “Say Nope to Dope.” Johnny Dakota a super cool movie star came to Bayside to film an Anti Drug Commercial, but soon his secret was out when a “roach” was found in the bathroom. Drugs and school shouldn’t mix. Unless they are prescribed and used per prescription. Then teachers beg of parents to make sure parents medicate their kids. But not the drugs that Wayne and Johnny Dakota use. Say Nope to Dope Wayne.
