Cited by
Opinions in Minnesota that cite State v. Van Gorden, 326 N.W.2d 633.
- State v. Felix 410 N.W.2d 398 Minn. Ct. App. 1987
- State v. Graham 410 N.W.2d 395 Minn. Ct. App. 1987
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State v. Graham
410 N.W.2d 395
Minn. Ct. App. 1987
for rev. denied (Minn. June 25, 1987) (particular cruelty); (vulnerability of victims); (intrusion into victim’s home); (permanent injuries).
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State v. Felix
410 N.W.2d 398
Minn. Ct. App. 1987
Even though the infliction of great bodily harm is an element of first-degree assault, “the injury nonetheless can be considered as an aggravating factor in this case because of its serious and permanent nature.”
- State v. Gaines 408 N.W.2d 914 Minn. Ct. App. 1987
- State v. Gaines 408 N.W.2d 914 Minn. Ct. App. 1987
- State v. Gonzalez 407 N.W.2d 472 Minn. Ct. App. 1987
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State v. Gonzalez
407 N.W.2d 472
Minn. Ct. App. 1987
5 (1986) because of appellant’s violation of the victim’s “zone of privacy.”
- State v. Peterson 405 N.W.2d 545 Minn. Ct. App. 1987
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State v. Peterson
405 N.W.2d 545
Minn. Ct. App. 1987
The departure reasons include (1) the infliction of gratuitous cruelty on the victims, -77 (Minn.1982); (2) the invasion of the victims’ zone of privacy by assaulting them in their own homes, (3) the particular vulnerability of the victims and the exploitation of the vulnerability, -37 (Minn.1982); and (4) multiple penetration
- State v. Mortland 399 N.W.2d 92 Minn. 1987
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State v. Mortland
399 N.W.2d 92
Minn. 1987
1 Cases of this court upholding departures greater than 3 times the presumptive sentence duration when severe aggravating circumstances are present include: (upholding sentence of 480 months when presumptive sentence duration was 140 months, a sentence approximately 3.4 times greater than the presumptive .sentence); (upholding sentence of 180 months when maximum presumptive sentence duration was 54 months); (upholding 240-month sentence when maximum presumptive sentence duration was 70 months, a
- State v. Mortland 395 N.W.2d 469 Minn. Ct. App. 1986
- State v. Mortland 395 N.W.2d 469 Minn. Ct. App. 1986
- State v. Butenhoff 392 N.W.2d 619 Minn. Ct. App. 1986
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State v. Butenhoff
392 N.W.2d 619
Minn. Ct. App. 1986
Excessive and gratuitous cruelty, (eye injury to elderly victim); invasion of the home when it is not an element of the offense, (Minn.Ct.App.
- State v. Johnston 390 N.W.2d 451 Minn. Ct. App. 1986
- State v. Johnston 390 N.W.2d 451 Minn. Ct. App. 1986
- State v. Stauffacher 380 N.W.2d 843 Minn. Ct. App. 1986
- State v. Stauffacher 380 N.W.2d 843 Minn. Ct. App. 1986
- State v. O'BRIEN 364 N.W.2d 901 Minn. Ct. App. 1985
- State v. O'BRIEN 364 N.W.2d 901 Minn. Ct. App. 1985
- State v. Winchell 363 N.W.2d 747 Minn. 1985
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State v. Winchell
363 N.W.2d 747
Minn. 1985
that resulted in death of woman who was on her porch when struck; since invasion of victim’s residential privacy was not element of offense of felony murder, it was proper for court to rely on it in departing); (robbery occurring in victim’s house); (kidnapping of child from child’s yard); (sexual assault case involving invasion of zone of privacy surrounding and including victim’s house); (sexual assault of woman sunning in her backyard).
- State v. Winchell 352 N.W.2d 447 Minn. Ct. App. 1984
- State v. Winchell 352 N.W.2d 447 Minn. Ct. App. 1984
- Ture v. State 353 N.W.2d 518 Minn. 1984
- Ture v. State 353 N.W.2d 518 Minn. 1984
- State v. Ahern 349 N.W.2d 838 Minn. Ct. App. 1984
- State v. Ahern 349 N.W.2d 838 Minn. Ct. App. 1984
- State v. Dietz 344 N.W.2d 386 Minn. 1984
- State v. Dietz 344 N.W.2d 386 Minn. 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
- State v. Cox 343 N.W.2d 641 Minn. 1984
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State v. Cox
343 N.W.2d 641
Minn. 1984
we upheld a durational departure in a case of criminal sexual conduct in the first degree on the basis of infliction of injury, even though injury was an element of the offense, because the injury was serious and permanent.
- State v. Pickett 343 N.W.2d 670 Minn. Ct. App. 1984
- State v. Pickett 343 N.W.2d 670 Minn. Ct. App. 1984
- State v. Kindem 338 N.W.2d 9 Minn. 1983
- State v. Kindem 338 N.W.2d 9 Minn. 1983
- State v. Jones 328 N.W.2d 736 Minn. 1983
- State v. Jones 328 N.W.2d 736 Minn. 1983
- State v. Norton 328 N.W.2d 142 Minn. 1982
- State v. Norton 328 N.W.2d 142 Minn. 1982