Cited by

Opinions in Minnesota that cite State v. Profit, 323 N.W.2d 34.

75 citing documents.

Ryan Grant, petitioner, Appellant, Minn. Ct. App. 2025
(stating that committing offense in front of children is “particularly outrageous,” and that, even if children who are present are not “technically victims of the crime, they [are] victims in another sense”).
State of Minnesota v. Tylynne Lashawn Wilson Minn. Ct. App. 2025
State of Minnesota v. Tylynne Lashawn Wilson Minn. Ct. App. 2025
Minn. Sent’g Guidelines 2.D.3(b)(2), (13) (2022); see Minn. Sent’g Guidelines 2.F.204 (2022); (acknowledging that committing crime in presence 10 of child is valid aggravating factor); -603 (Minn. App. 2010) (concluding that district court did not abuse its discretion in finding aggravating factor of particu
State of Minnesota v. Mo Savoy Hicks 864 N.W.2d 153 Minn. 2015
State of Minnesota v. Mo Savoy Hicks 864 N.W.2d 153 Minn. 2015
See, (upholding upward durational sentencing departure when the defendant “invaded the zone of privacy which surrounded [the victim’s] home”); (upholding upward durational sentencing departure because the offense was committed at a daycare in front of children).
State of Minnesota v. Dakari Michael Coles 862 N.W.2d 477 Minn. 2015
State of Minnesota v. Rafael Antonio Alfaro Minn. Ct. App. 2014
State of Minnesota v. Rafael Antonio Alfaro Minn. Ct. App. 2014
The sentencing guidelines provide a nonexclusive list of reasons for departure, and presence of children has long been recognized as an aggravating factor, (agreeing “that committing the offense in front of the children was a particularly outrageous act”).
State v. Robideau 796 N.W.2d 147 Minn. 2011
State v. Robideau 796 N.W.2d 147 Minn. 2011
State v. Robideau 783 N.W.2d 390 Minn. Ct. App. 2010
State v. Robideau 783 N.W.2d 390 Minn. Ct. App. 2010
that there would be children present who would witness part of what he planned to do.”
State v. Vance 765 N.W.2d 390 Minn. 2009
State v. Vance 765 N.W.2d 390 Minn. 2009
State v. Condon 497 N.W.2d 272 Minn. Ct. App. 1993
State v. Condon 497 N.W.2d 272 Minn. Ct. App. 1993
State v. Anderson 463 N.W.2d 551 Minn. Ct. App. 1990
State v. Morrison 437 N.W.2d 422 Minn. Ct. App. 1989
State v. Morrison 437 N.W.2d 422 Minn. Ct. App. 1989
See Minn. Sentencing Guidelines § II.D.2.b.(l) & (2); (violating a position of trust may be an aggravating factor); (the presence of children during the commission of a crime justified a double-departure sentence).
State v. Bicek 429 N.W.2d 289 Minn. Ct. App. 1988
State v. Bicek 429 N.W.2d 289 Minn. Ct. App. 1988
(arson was more serious because surrounding property owners were directly damaged and others indirectly); (robbery was particularly outrageous because it was committed in a day care center, with children as witnesses).
State v. Gurske 424 N.W.2d 300 Minn. Ct. App. 1988
State v. Gurske 424 N.W.2d 300 Minn. Ct. App. 1988
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. Mitjans 408 N.W.2d 824 Minn. 1987
State v. Mitjans 408 N.W.2d 824 Minn. 1987
already cited, (upholding upward departure in robbery case in part because three people were put in fear); (upholding upward departure in case involving kidnapping of 5-year-old girl from front yard in part because of emotional distress caused by defendant to the victim’s family); (upholding upward departure where defendant intentionally committed violent crime in front of children); (upholding departure in aggravated robbery case because more people were put in fear than in usual case).
State v. Harris 407 N.W.2d 456 Minn. Ct. App. 1987
State v. Harris 407 N.W.2d 456 Minn. Ct. App. 1987
State v. Peterson 405 N.W.2d 545 Minn. Ct. App. 1987
State v. Peterson 405 N.W.2d 545 Minn. Ct. App. 1987
v. Morales, -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
Johnson v. State 393 N.W.2d 376 Minn. Ct. App. 1986
Johnson v. State 393 N.W.2d 376 Minn. Ct. App. 1986
The two actual convictions will not support a consecutive sentence based upon “crimes against different persons.” The fact that there were other individuals present during the burglary of the home and the robbery of Mr. Davis provides a basis for a departure from a presumptive sentence, but not for consecutive sentencing.
State v. Casady 392 N.W.2d 629 Minn. Ct. App. 1986
State v. Casady 392 N.W.2d 629 Minn. Ct. App. 1986
State v. Eberhardt 379 N.W.2d 242 Minn. Ct. App. 1986
State v. Eberhardt 379 N.W.2d 242 Minn. Ct. App. 1986
The court’s decision to impose an aggravated sentence was justified by the fact that the rape was committed in the presence of K.C.’s five-year-old son, and because Eberhardt invaded K.C.’s zone of privacy by assaulting her in her own home.
State v. Lakin 378 N.W.2d 101 Minn. Ct. App. 1985
State v. Lakin 378 N.W.2d 101 Minn. Ct. App. 1985
which specifically provides that consecutive sentencing is not a departure in three situations, including “[w]hen the offender is convicted of multiple current felony convictions for crimes against different persons, and when the sentence for the most severe current conviction is executed according to the guidelines.”
State v. Anderson 370 N.W.2d 703 Minn. Ct. App. 1985
State v. Anderson 370 N.W.2d 703 Minn. Ct. App. 1985
Further, the assault took place in the presence of the victim’s children, which is a “particularly outrageous act.”
Branson v. State 368 N.W.2d 436 Minn. Ct. App. 1985
Branson v. State 368 N.W.2d 436 Minn. Ct. App. 1985
State v. Montjoy 366 N.W.2d 103 Minn. 1985
State v. Montjoy 366 N.W.2d 103 Minn. 1985
among other cases, permitting “stacking” of mandatory prison terms in eases where consecutive sentencing is otherwise proper — i.e., in cases such as this.
Williams v. State 365 N.W.2d 370 Minn. Ct. App. 1985
Williams v. State 365 N.W.2d 370 Minn. Ct. App. 1985
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