Cited by

Opinions in Minnesota that cite State v. Erickson, 313 N.W.2d 16.

33 citing documents.

State of Minnesota, Respondent, Minn. Ct. App. 2019
See e.g. , State v. Meyers , (“[F]acts considered by the Legislature in determining the severity of th e offense being sentenced cannot serve as a basis for departure.”); (holding that conduct underlying one conviction cannot be used to support an upward departure in another conviction); State v. Erickson , (holding that prior criminal offenses could not be a grounds fo r departure because they were already factored into criminal-history points under the guidelines).
State of Minnesota v. Senen Guerrero Minn. Ct. App. 2016
State of Minnesota v. Senen Guerrero Minn. Ct. App. 2016
See, -18 (Minn. 1981) (defendant offered a ride to young woman, drove her into the country, told her she had no choice but to submit, made facial expressions, and referred to a knife); Gamez, d at 87 (defendant continued sexual advances after victim told him to stop, pulled up victim’s nightgown, and held v
State of Minnesota v. Robert John Meyers 869 N.W.2d 893 Minn. 2015
State of Minnesota v. Robert John Meyers 869 N.W.2d 893 Minn. 2015
5a(a)(3) (2014), requires proof of facts that the Legislature did not consider in setting the sentence for the offense of conviction, a departure based on this factor does 1
State v. Litzinger 394 N.W.2d 803 Minn. 1986
State v. Litzinger 394 N.W.2d 803 Minn. 1986
State v. Litzinger 391 N.W.2d 82 Minn. Ct. App. 1986
State v. Litzinger 391 N.W.2d 82 Minn. Ct. App. 1986
State v. Lewis 385 N.W.2d 352 Minn. Ct. App. 1986
State v. Lewis 385 N.W.2d 352 Minn. Ct. App. 1986
State v. Andren 347 N.W.2d 846 Minn. Ct. App. 1984
State v. Andren 347 N.W.2d 846 Minn. Ct. App. 1984
State v. Higginbotham 348 N.W.2d 327 Minn. 1984
State v. Higginbotham 348 N.W.2d 327 Minn. 1984
State v. Northard 348 N.W.2d 764 Minn. Ct. App. 1984
State v. Northard 348 N.W.2d 764 Minn. Ct. App. 1984
State v. Hines 343 N.W.2d 869 Minn. Ct. App. 1984
State v. Hines 343 N.W.2d 869 Minn. Ct. App. 1984
The use of those same convictions as a ground for departure would, in effect, be counting a single conviction twice and “that is contrary to the spirit and intent of the Guidelines.”
State v. Gross 332 N.W.2d 167 Minn. 1983
State v. Gross 332 N.W.2d 167 Minn. 1983
State v. Magnan 328 N.W.2d 147 Minn. 1983
State v. Magnan 328 N.W.2d 147 Minn. 1983
State v. Brusven 327 N.W.2d 591 Minn. 1982
State v. Brusven 327 N.W.2d 591 Minn. 1982
State v. Morales 324 N.W.2d 374 Minn. 1982
State v. Morales 324 N.W.2d 374 Minn. 1982
State v. Profit 323 N.W.2d 34 Minn. 1982
State v. Profit 323 N.W.2d 34 Minn. 1982
(b) Recently, and the issue of whether and, if so, when the victim-vulnerability exception to the presumptive sentences might be applied when the victim was rendered more vulnerable by the presence of her child.
State v. Martinez 319 N.W.2d 699 Minn. 1982
State v. Martinez 319 N.W.2d 699 Minn. 1982
the rape was committed upon a woman in the presence of her 21-month-old child.
State v. Hagen 317 N.W.2d 701 Minn. 1982
State v. Hagen 317 N.W.2d 701 Minn. 1982