Court

overturns

pot fine

New Ulm man was fined $228,000

By GUY PRIEL

Journal Staff Writer

ST. PAUL -- The Minnesota Supreme Court, on Thursday, overturned a fine imposed on a 21-year-old New Ulm drug dealer who was sentenced in 1997 in Brown County District Court.

Ryan James Rewitzer, who pleaded guilty to one count each of second, third, and fifth degree controlled substance charges, was sentenced to four years in prison, $228,000 in fines, and $45,600 in surcharges, when he was 18.

At the time of his sentencing, officials recommended fines totalling $20,000.

Following his conviction, Rewitzer made an appeal to the Brown County court, stating that the fines were considered excessive according to state guidelines. The judge denied the appeal.

In February 1999, the court denied a petition asking that the fines be decreased or vacated, or that they stay a portion of the fines.

The case went to the Court of Appeals where Rewitzer's legal counsel argued that $273,600 in fines violated the Excessive Fines Clauses of the Constitutions of the United States and Minnesota.

The appeals court agreed with the district court, stating that the the fines were not excessive. It ruled that the district court may reduce fines under state law, but it is not required to reduce them.

The ruling from the Court of Appeals stated that the fines were based on Rewitzer's previous criminal record (three offenses while a juvenile) and his financial motivation in selling drugs.

The court also ruled that the fines did not create an immediate hardship on Rewitzer, because he would be making monthly payments, he was young, employed, and had a long-term future earning potential.

After failing at the Court of Appeals. the case advanced to the Supreme Court, where the fine was overturned. Judges stated that the district court misinterpreted the maximum penalty portion of the law that governs fines.

Rewitzer was charged after selling, on three separate occasions, a total of 23.8 grams of marijuana on Sept. 10, 1997 (fifth degree); 11 grams of mushrooms containing psilocyn on Sept. 21, 1997 (third degree); and 9.5 grams of mushrooms containing psilocyn on Sept. 22, 1997 (second degree).

The District Court judge said the $273,600 in fines were imposed because of a literal interpretation of sentencing laws, a mood among lawmakers to get tough on drug offenders, and Rewitzer's self-acknowledged greed and use of drug dealing as a means to stockpile cash.

According to the Supreme Court's ruling, the district court ignored common sense in the sentencing.

"The Court of Appeals," the opinion states, "relied almost exclusively on the ... recognition that drug offenses pose a serious threat to individuals and society."

According to the ruling by the state Supreme Court, Rewitzer was assessed a fine that was 1,368 times greater than the value of the drugs involved in the crime, making it excessive.

His income at the time he was sentenced was $8 per hour, meaning it would take more than 300 years, at $70 a month to pay it off, thus creating a hardship.

The Supreme Court stated that the District Court should have used latitude when it came to sentencing. The sentencings were declared harsh based on the gravity of the offenses; the fines that can be imposed for similar level offenses in Minnesota; and the fines imposed for similar offenses in other jurisdictions.

As a result of the ruling, the case will get sent back to district court for reconsideration of the fine. The sentencing component remains intact, however.