Court of Appeals overturns school-zone drug conviction

A Minnesota man was convicted of second-degree sale of a controlled substance in a school zone. The Minnesota Court of Appeals reversed, finding that the state did not prove that the sale occurred in a school zone.

In May 2023, law enforcement in Minneapolis observed a suspected hand-to-hand drug transaction. A woman entered Jermale Jerome Leonard’s vehicle and shortly exited. Investigators arrested Leonard and, upon searching the vehicle, found cocaine, methamphetamine, pills containing fentanyl, scales, and a firearm. The state charged Leonard with second-degree sale of a controlled substance in a school zone, third-degree sale of a controlled substance, fifth-degree possession of a controlled substance, and possessing a pistol without a permit in a public place.

At trial, an officer testified that Leonard’s vehicle was on the same block as Rayito de Sol, 1601 Nicollet Ave., which is described online as a Spanish early immersion school for children approximately 6 weeks to 6 years old. The prosecutor asked whether Rayito de Sol qualified as an “early education center,” and the officer responded affirmatively.

The jury returned a verdict guilty on all counts, and the Hennepin County District Court imposed a 41-month sentence on the school-zone sale charge.

Before the Court of Appeals, the principal question was whether the state met its burden to prove that the sale occurred within a “school zone” under Minnesota Statutes § 152.022, subd. 1(7)(i). While Leonard did not dispute that the substances in his vehicle were controlled substances, he challenged the finding that he was in a school zone. The state maintained that Rayito de Sol, being an education center, satisfied the statutory property requirement.

Under this statute, a school zone is “property owned, leased, or controlled by a school district or an organization operating a nonpublic school.” Under § 152.01, subd. 14a and § 123B.41, a nonpublic school is defined as “any school, church or religious organization, or home school wherein a resident of Minnesota may legally fulfill the compulsory instruction requirements of section 120A.22, which is located within the state, and which meets the requirements of Title VI of the Civil Rights Act of 1964.”

“In sum, a school zone requires a particular type of property that is used for a particular purpose. Both requirements must be met,” wrote Judge Michelle Larkin. “Thus, a ‘school zone’ within the meaning of the statute does not exist unless it includes a property that is owned, leased, or controlled by a school district or by a nonpublic school as defined in statute, even if the property is otherwise used for one of the required purposes.”

Because of this reading of the statute, the court found that the state needed to show that Rayito de Sol was property under the control of a school entity. Finding that the state did not offer any evidence about Rayito de Sol’s ownership, it concluded that the evidence was insufficient to support the jury’s finding that Leonard sold a controlled substance within a school zone.

The court reversed and remanded. The district court was ordered to enter judgment of conviction and sentence on one of the remaining guilty verdicts that does not require the state to provide proof that the crime occurred in a school zone.

Serving on the three-judge panel with Larkin were Judge Rachel Bond and Judge Kevin Ross.