It's important to note that the appeals court only reversed the sentence, not the conviction itself.
So when the judge reconsiders sentencing, she will likely be looking at the lesser range, 41-57 months, fewer than the 66 months she settled on in November. The judge could exceed the sentencing guidelines but would have to state a reason for doing so.
A recent Minnesota Supreme Court decision on drive-by shootings reinforces the appeals court ruling.
The high court ruled somewhat counter-intuitively that a shooting is only “drive-by” if the victim is inside a vehicle or building. And because the second shot was fired at someone on foot, it was unequivocally not a drive-by shooting.
Marxen is incarcerated at the Faribault prison with a projected release date of July 4, 2016.