| A18-0994 |
Minn. |
2019-04-03 |
Denied
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Evans v. State
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| A16-0220 |
Minn. |
2018-12-05 |
Denied
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Ries v. State
|
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… trict court imposed a 48-month prison sentence, which was a downward durational sentencing departure. In August 2015, Ries filed a timely petition for postconviction relief, challenging the district court's denial of his motion to suppress …
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| A15-1417 |
Minn. |
2017-10-04 |
Denied
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State v. Parker
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… that the district court abused its discretion by imposing an upward durational sentencing departure. The court of appeals affirmed the conviction, but reversed the sentence and remanded for resentencing. We affirm the court of appeals’ dec …
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| A12-173, A13-996 |
Minn. |
2014-10-08 |
Denied
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State of Minnesota v. Mahdi Hassan Ali
|
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… lakely jury’s findings of fact, the district court imposed an upward durational sentencing departure. Id. On appeal, the defendant in Chauvin challenged the district-court’s authority to empanel a Blakely jury. We concluded that the distric …
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| No. A13-0401 |
Minn. Ct. App. |
2014-05-19 |
Denied
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State v. Ayala-Leyva
|
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… lements of an offense cannot be used as aggravating factors to impose an upward sentencing departure for that same offense”). The crime of conspiracy requires only two participants and only one active participant. Thus, an upward departure …
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| No. A13-0427 |
Minn. Ct. App. |
2014-01-06 |
Denied
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Orozco v. State
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… ich he pleaded guilty to a reduced charge, in exchange for an upward durational sentencing departure. Id. at 536 . When Lewis later moved to withdraw his guilty plea, the district court denied the motion and sentenced him in accordance with …
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| No. A12-2268 |
Minn. Ct. App. |
2013-11-04 |
Denied
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State v. Essex
|
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… 7 (Minn.2005) (citing Blakely, 542 U.S. at 303 , 124 S.Ct. at 2537 ). An upward sentencing departure pursuant to the provisions of Minn.Stat. § 609.11 (2010), may not be based on judicial fact-finding. State v. Barker, 705 N.W.2d 768, 773 ( …
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| No. A12-1107 |
Minn. Ct. App. |
2013-09-03 |
Denied
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State v. Hicks
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… rder, but acquitted him of second-degree intentional murder. The state sought a sentencing departure, and on February 17, 2012, the district court held a Blakely hearing. The district court found that the crime was committed in a particular …
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| No. A12-1109 |
Minn. Ct. App. |
2013-05-06 |
Denied
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State v. Turrubiates
|
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… OPINION SCHELLHAS, Judge. Appellant challenges his 240-month upward sentencing departure for second-degree unintentional felony murder while-committing felonious child endangerment. We affirm. FACTS In an amended complaint, respondent State …
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| No. A12-0204 |
Minn. Ct. App. |
2012-10-29 |
Denied
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Vazquez v. State
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… end an acquittal.” Id. Our supreme court has allowed a defendant to challenge a sentencing departure at a probation revocation. State v. Fields, 416 N.W.2d 734, 736 (Minn.1987). It is only when the. defendant himself develops a “crystallize …
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| Nos. A10-1286, A11-0548 |
Minn. |
2012-08-01 |
Denied
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State v. Clarkin
|
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… f the pretrial proceedings, the State announced its intention to seek an upward sentencing departure as a result of the fact that the complaint alleged a third violent crime under Minn.Stat. § 244.10, subd. 5a(a)(8) (2010). 2 On March 2, 20 …
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| No. A11-1008 |
Minn. Ct. App. |
2012-06-18 |
Denied
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State v. Theng Yang
|
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… ntenced him to 60 months in prison over his motion for a downward dispositional sentencing departure. Yang appeals, challenging the denial of his motion to suppress and the denial of his sentencing motion. ISSUE Did the officers’ investigat …
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| Nos. A10-1286, A11-548 |
Minn. Ct. App. |
2011-10-03 |
Denied
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State v. Clarkin
|
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… arkin concurrently to his sentence for violating the ISR. Id. at II.F.l. Such a sentencing departure would require a finding of substantial and compelling reasons. Id. at II.D (2010). This presumption for consecutive sentences changes the l …
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| No. A10-416 |
Minn. Ct. App. |
2011-07-05 |
Denied
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State v. Petersen
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… victim who died after she was born alive. Appellant also argues that an upward sentencing departure was not justified because it was based solely on the parties’ plea agreement. Because appellant’s intentional actions caused the death of t …
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| No. A09-830 |
Minn. |
2011-01-26 |
Denied
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Vickla v. State
|
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… 2010). The State also gave notice that it intended to seek an upward durational sentencing departure under the repeat-felony-offender statute, Minn.Stat. § 609.1095, subd. 4. In March 2007, pursuant to a plea agreement, Vickla pleaded guilt …
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| No. A10-14 |
Minn. Ct. App. |
2010-11-30 |
Denied
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State v. Yaritz
|
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… t must state the reasons why substantial and compelling circumstances justify a sentencing departure. See Minn. Sent. Guidelines II.D (stating, “in exercising the discretion to depart from a presumptive sentence, the judge must disclose in …
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| No. A09-2124 |
Minn. Ct. App. |
2010-11-09 |
Denied
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State v. Hanson
|
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… with intent to sell. Reversed. . We recognize that the standard of proof for a sentencing departure differs from the higher standard necessary for a conviction. But the existence of plausible alternatives to the intent to sell is relevant …
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| A09-530 |
Minn. Ct. App. |
2010-06-15 |
Denied
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State v. Robideau
|
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… r but guilty of intentional second-degree murder. The state moved for an upward sentencing departure, and Robideau waived his right to a jury determination on the issue of whether aggravating sentencing factors existed. The district court f …
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| A09-985 |
Minn. Ct. App. |
2010-02-09 |
Denied
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Carse v. State
|
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… would be a second phase of the trial regarding the state’s motion for an upward sentencing departure, with arguments from counsel and instructions to the jury. The district court asked Carse if he wished to be present for those proceedings. …
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| A09-666 |
Minn. Ct. App. |
2010-01-19 |
Denied
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Tucker v. State
|
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… ). Three cases in Minnesota provide some authority that particular cruelty as a sentencing departure factor can take the form of failure to render, obtain, or summon aid for a victim injured by the offender or as a result of the offender’s …
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| A08-1061 |
Minn. Ct. App. |
2009-09-29 |
Denied
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State v. Campbell
|
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… 09.713, subdivision 1 (2006). The state gave notice of intent to seek an upward sentencing departure based on Campbell’s alleged racial motivation. The case proceeded to trial. During jury selection, the district court and both attorneys as …
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| A06-974 |
Minn. |
2008-08-21 |
Denied
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State v. Rodriguez
|
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… y an accomplice corroboration instruction, and that the district court’s upward sentencing departure on the basis of appellant’s possession of a handgun was invalid. We affirm appellant’s sentence. On March 4, 2004, the Crookston Police Dep …
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| A06-2440 |
Minn. Ct. App. |
2008-05-20 |
Denied
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State v. Mudgett
|
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… once the court “determined that it was going to” deny his motion for a downward sentencing departure. The state ignores the substantive issue and focuses only on whether the rules allow a defendant to make an oral motion to withdraw a guilt …
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| A07-353 |
Minn. Ct. App. |
2008-04-22 |
Denied
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State v. Fero
|
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… n the work premises); State v. Bates, 507 N.W.2d 847 (Minn.App.1993) (affirming sentencing departure for criminal-sexual-conduct conviction based in part on fact that appellant, a gymnastics instructor, held a position of authority over the …
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| A07-176 |
Minn. |
2008-03-27 |
Denied
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State v. Caine
|
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… ed Davis to testify truthfully against Reese and Caine in return for a downward sentencing departure. During Caine’s trial, the State called Davis, but Davis testified that he no longer remembered anything about the day of the incident beca …
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| A06-1394 |
Minn. Ct. App. |
2008-02-19 |
Denied
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State v. Morales-Mulato
|
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… interview, the complainant had been sexually abused; and (3) imposing an upward sentencing departure. In a pro se supplemental brief, appellant additionally challenges the sufficiency of the evidence to support his conviction. FACTS Appella …
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| A06-974 |
Minn. Ct. App. |
2007-09-11 |
Denied
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State v. Rodriguez
|
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… ide sufficient evidence to find the necessary aggravating factors for an upward sentencing departure under the guidelines. We observe that the issue of whether a defendant has the right to confront witnesses against him in sentencing trials …
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| A04-1000 |
Minn. |
2007-06-14 |
Denied
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State v. Maurstad
|
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… 159 L.Ed.2d 403 , to have a jury find the facts necessary to support an upward sentencing departure. Osborne, 715 N.W.2d at 440-41 . Further, as the dissent correctly notes, Osborne concerns the actions a defendant must take under our rule …
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| A05-0427 |
Minn. |
2006-11-09 |
Denied
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State v. Kendell
|
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… use the state failed to provide adequate notice of its intent to seek an upward sentencing departure and failed to include the departure factor in the indictment; (5) the district court erred when it permitted witnesses to testify that, aft …
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| A06-168 |
Minn. |
2006-10-26 |
Denied
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Hankerson v. State
|
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… 05). These amendments apply “to sentencing hearings, resentencing hearings, and sentencing departures sought on or after” the effective date of the act. Sections 3-6, 2005 Minn. Laws at 1115-16. As amended, Minn. Sent. Guidelines II.D provi …
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| A05-789 |
Minn. |
2006-06-22 |
Denied
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State v. Paul
|
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… and other cases in exchange for the federal prosecutor’s motion for a downward sentencing departure. Keefe interviewed Herron again in February 2004. Keefe also obtained statements from Dent, Wilson, and Spencer that month. Paul was then a …
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| A04-1692 |
Minn. Ct. App. |
2005-11-22 |
Denied
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State v. Adkins
|
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… misidentifieation. A jury found appellant guilty. The state moved for an upward sentencing departure under Minn.Stat. § 609.1095, subd. 4 (2004). Based on appellant’s prior felony convictions, including eight burglary-related convictions, t …
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| A03-826 |
Minn. |
2005-05-26 |
Denied
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State v. Blanche
|
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… ce for a crime committed for the benefit of a gang. The court, making an upward sentencing departure, ordered these sentences to run consecutively to each other and consecutively to a federal sentence that Blanche was serving until April 11 …
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| A04-1808 |
Minn. Ct. App. |
2005-04-05 |
Denied
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State v. Thompson
|
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… g up her right to a jury determination of the presence of a factual basis for a sentencing departure. The district court found that such a basis existed and sentenced appellant to the presumptive sentence on counts 1-4 and imposed concurren …
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| A031803 |
Minn. Ct. App. |
2004-11-23 |
Denied
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State v. Petschl
|
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… he may impose mthout any additional findings.” Id. at *470 2587. Therefore, any sentencing departures that are based on the judge’s findings, rather than those of the jury, are invalid under the Sixth Amendment. Id. at 2538 . In addition, t …
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| A04-176 |
Minn. Ct. App. |
2004-11-23 |
Denied
|
State v. Johnson
|
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… equently held that under Washington’s determinate sentencing scheme, any upward sentencing departures based on the judge’s findings, rather than those of the jury, are invalid under the Sixth Amendment. Id. at 2538 . After Blakely issued, w …
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| A03-1803 |
Minn. Ct. App. |
2004-11-23 |
Denied
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State v. Petschl
|
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… um he may impose without any additional findings.” Id. at 2537 . Therefore, any sentencing departures that are based on the judge’s findings, rather than those of the jury, are invalid under the Sixth Amendment. Id. at 2538 . In addition, t …
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| A04-983 |
Minn. Ct. App. |
2004-11-02 |
Denied
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State v. Fairbanks
|
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… without any additional findings.” Id. at 2537 . Thus, under Blakely , an upward sentencing departure under a statutory framework materially comparable to the Washington criminal code may not rely on judicially determined facts; a jury must …
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| A03-1632 |
Minn. Ct. App. |
2004-08-31 |
Denied
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State v. Vance
|
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… admitting expert testimony on battered-woman syndrome and in imposing an upward sentencing departure. FACTS Appellant Elton Perez Vance and the victim, A.S.T., began an on-and-off relationship in 1996; and appellant is the father of the vic …
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| A03-737 |
Minn. Ct. App. |
2004-08-10 |
Denied
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State v. Heath
|
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… ses, however, the trial court refers to all of the aggravating factors from its sentencing departure report as justification for its upward dura-tional departure. In light of Williams, we must conclude that the trial court erred in failing …
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| A03-429 |
Minn. Ct. App. |
2004-02-03 |
Denied
|
State v. Brennan
|
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… d (2) the district court abused its discretion by imposing an upward durational sentencing departure. We affirm in part, reverse in part, and remand. FACTS Brennan worked for the American Cancer Society (ACS) from March 1999 until March 200 …
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| C9-02-815 |
Minn. |
2003-10-23 |
Denied
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State v. Richardson
|
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… d durational departures, asserting that no factors were cited in support of the sentencing departures for the assaults and that the departures for the kidnappings were improper. For each offense, there must be substantial and compelling rea …
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| C5-02-195 |
Minn. Ct. App. |
2002-12-27 |
Denied
|
State v. Lindsey
|
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… saults. While the brutality of an assault can be considered in making an upward sentencing departure, the brutality must be significantly more serious than conduct typically involved in that type of assault. See State v. Felix, 410 N.W.2d 3 …
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| C9-01-1128 |
Minn. Ct. App. |
2002-06-11 |
Denied
|
State v. DeShay
|
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… 89 Prior to his sentencing, DeShay filed a motion in which he sought a downward-sentencing departure and challenged the constitutionality of Minn.Stat. § 609.229 (1998) (crime committed for the benefit of a gang statute) under the Minnesota …
|
| C2-01-1939 |
Minn. Ct. App. |
2002-05-21 |
Denied
|
State v. Sanders
|
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… relies on the supreme court’s ruling in Williams v. State, which stated that a sentencing departure will be affirmed despite improper or inadequate reasons if the record contains sufficient evidence to justify the departure. Williams v. St …
|
| C1-00-2022 |
Minn. Ct. App. |
2001-10-16 |
Denied
|
State v. Tze Thao
|
|
… ocation of a crime has been recognized as a proper factor on which to rely in a sentencing departure. See State v. Murphy, 545 N.W.2d 909, 917 (Minn.1996) (upward departure supported in part by the fact that the crime was committed in victi …
|
| C0-00-1198 |
Minn. Ct. App. |
2001-06-05 |
Denied
|
State v. Valentine
|
|
… evidence was fully realized, jury would have reached same verdict). III. Upward Sentencing Departure The analysis of appellant’s challenge to the upward departure must begin with a focus on appellant’s conduct. As set forth by the Minnesota …
|
| C5-99-864 |
Minn. Ct. App. |
2000-04-18 |
Denied
|
State v. Morris
|
|
… further that if there are substantial and compelling circumstances to support a sentencing departure, they are not the severe aggravating circumstances necessary to support a greater-than-double departure. Morris was convicted of making ter …
|
| CX-96-84 |
Minn. Ct. App. |
1996-07-10 |
Denied
|
State v. Behl
|
|
… ase to the jurisdiction of the juvenile court for sentencing and for a downward sentencing departure based on the presentenee investigation report. Denying both motions, the trial court determined that the offense of possession or operation …
|
| No. C6-95-2582 |
Minn. Ct. App. |
1996-05-14 |
Denied
|
State v. Lambert
|
|
… guilty. Pursuant to the plea agreement, the prosecution recommended a downward sentencing departure. The district court imposed the 51-month recommended downward departure because Lambert had no previous involvement in the drug trade and h …
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