Attorneys in the burglary case of outgoing Minnesota state Sen. Nicole Mitchell have set a date for her sentencing after a jury convicted her on both felony counts.
Mitchell will be sentenced on Sept. 10, according to filings made Tuesday in Becker County District Court. On Monday, her attorneys announced that Mitchell is planning to resign from her seat soon, setting up a special election that will determine who controls the Minnesota Senate.
She was found guilty Friday of first-degree burglary and felony possession of burglary tools after her 2024 arrest for breaking into her stepmother’s home in Detroit Lakes. It took the jury three hours to reach guilty verdicts following three full days of emotional testimony.
Dane DeKrey, one of her defense attorneys with the Moorhead-based Ringstrom DeKrey law firm, said her conviction carries a mandatory minimum sentence of six months in jail.
“It will be up to Judge [Michael] Fritz to ultimately decide,” DeKrey said at the courthouse Friday, adding that “there are arguments for mercy.”
DeKrey said Monday that he expects Mitchell to serve jail time.
She will wrap up her work at the Legislature over the next two weeks. Gov. Tim Walz is expected to call a special election once Mitchell resigns.