| A17-1915 |
Minn. Ct. App. |
2018-06-11 |
Stayed
|
State v. Greenough
|
|
… , arguing that the imposition and execution of his sentence was an unauthorized sentencing departure. The district court denied appellant's motion to correct his sentence, in part, because it found that appellant was "sentenced" under the M …
|
| No. A13-1129 |
Minn. Ct. App. |
2014-05-27 |
Stayed
|
State v. Franklin
|
|
… isdemeanors. Permitting the conviction to now be used as a basis for imposing a sentencing departure that applies only to prior felony convictions would impose the consequences of a felony even though the sentencing judge decided that the p …
|
| No. A12-1208 |
Minn. Ct. App. |
2013-01-28 |
Dismissed
|
State v. Maddox
|
|
… ion of 26 months. The state notified Maddox of its intent to seek an aggravated sentencing departure of "up to the statutory maximum sentence of 10 years (120 months) for Check Forgery — Offering Forged Check,” based on the following aggrav …
|
| No. A11-1734 |
Minn. Ct. App. |
2012-09-17 |
Dismissed
|
State v. Rushton
|
|
… e district court articulated a substantial and compelling reason to justify the sentencing departure. Our careful review of the record establishes that the district court did not consider whether Rushton’s 300-month minimum term of imprison …
|
| Nos. A11-1379, A12-0081 |
Minn. Ct. App. |
2012-09-17 |
Dismissed
|
State v. Castillo-Alvarez
|
|
… 0), review denied (July 20, 2010). “[A]bsent a statement of the reasons for the sentencing departure placed on the record at the time of sentencing, no departure will be allowed.” State v. Geller, 665 N.W.2d 514, 517 (Minn.2003). “An upward …
|
| No. A10-915 |
Minn. Ct. App. |
2011-05-03 |
Dismissed
|
State v. Haggins
|
|
… The district court did not do so. “[A]bsent a statement of the reasons for the sentencing departure placed on the record at the time of sentencing, no departure will be allowed.” State v. Geller, 665 N.W.2d 514, 517 (Minn.2003). The state …
|
| A08-1832 |
Minn. Ct. App. |
2010-02-23 |
Stayed
|
State v. Mohamed
|
|
… ggravating factors on which the district court relied were improper bases for a sentencing departure. For the reasons set forth below, we affirm in part and remand in part. FACTS In February 2007, appellant Remedan Mohamed brought his injur …
|
| A08-100, A08-133 |
Minn. |
2010-02-11 |
Dismissed
|
State v. Lopez
|
|
… at 713 . After pleading guilty to third-degree assault and receiving an upward sentencing departure because of the sexual assault that immediately followed the victim’s injury, Boutin argued that he should not be required to register as a …
|
| A07-937 |
Minn. |
2009-10-22 |
Dismissed
|
State v. Rourke
|
|
… . Mar. 8, 2005), the court of appeals concluded that Rourke’s upward durational sentencing departure violated his right to a jury trial under Blakely . Consequently, it remanded for resentenc-ing consistent with Blakely . On remand, the Sta …
|
| A06-1102 |
Minn. Ct. App. |
2007-07-03 |
Dismissed
|
Johnson v. State
|
|
… thorized by law. See State v. Rohda, 358 N.W.2d 39, 41 (Minn.1984) (remanding a sentencing departure, when the district court never indicated it wanted to depart). Second, the new sentence did not exaggerate the criminality of Johnson’s con …
|
| A06-325 |
Minn. Ct. App. |
2007-05-10 |
Stayed
|
State v. Coleman
|
|
… reaffirmed Williams to conclude that “absent a statement of the reasons for the sentencing departure placed on the record at the time of sentencing, no departure will be allowed. As we discussed in Williams, this rule is consistent with the …
|
| A06-166, A06-311 |
Minn. Ct. App. |
2007-01-09 |
Stayed
|
Black v. State
|
|
… and determined that an additional aggravating factor supported the consecutive sentencing departure. This appeal follows. ISSUES I. Did the district court abuse its discretion in not allowing appellant to withdraw his guilty plea? II. Did …
|
| A04-2327 |
Minn. Ct. App. |
2005-12-27 |
Stayed
|
State v. Zulu
|
|
… dence prejudicial to appellant. Appellant also challenges the upward durational sentencing departure imposed by the district court, arguing that (1) his waiver of a jury determination of aggravating sentencing factors was not knowing, intel …
|
| A04-127 |
Minn. |
2005-11-23 |
Stayed
|
State v. Allen
|
|
… e v. Fields, 416 N.W.2d 734, 736 (Minn.1987) (allowing challenge to dura-tional sentencing departure following revocation of stayed sentence); State v. White, 300 Minn. 99, 105-06 , 219 N.W.2d 89, 93 (1974) (holding that statutory prohibiti …
|
| A04-278 |
Minn. |
2005-10-06 |
Dismissed
|
Spann v. State
|
|
… blished by this court in State v. Misquadace, 644 N.W.2d 65 (Minn.2002), that a sentencing departure cannot be based on a plea agreement alone, but must have a factual basis. Finally, Spann argues that permitting a defendant to waive *490 h …
|
| A05-282 |
Minn. Ct. App. |
2005-09-13 |
Stayed
|
State v. Rannow
|
|
… 4 N.W.2d 65, 71 (2002) (holding that “negotiated plea agreements that include a sentencing departure are justified under the guidelines in cases where substantial and compelling circumstances exist[,]” but a “plea agreement standing alone . …
|
| A04-975 |
Minn. Ct. App. |
2005-05-24 |
Dismissed
|
State v. Dettman
|
|
… at he had a right to a jury determination on any fact used to support an upward sentencing departure” and his corresponding waiver regarding that right must be “full-scale, on-the-record oral or written.” Id. We also noted that such admissi …
|
| A03-1182 |
Minn. Ct. App. |
2004-11-02 |
Stayed
|
State v. Saue
|
|
… pellant Ross Adam Saue argues that the upward *339 dispositional and durational sentencing departures were based on judicial findings and therefore violate his Sixth Amendment right to a jury trial under Blakely v. Washington, 124 S.Ct. 253 …
|
| C9-02-863 |
Minn. |
2004-07-29 |
Stayed
|
State v. Leja
|
|
… under the Minnesota Sentencing Guidelines, Leja’s conduct justifies this upward sentencing departure of 60 months. Leja met Darnell Smith in 1998 while she was employed as a guard at the Still-water State Prison where Smith was serving a se …
|
| A03-1254 |
Minn. Ct. App. |
2004-06-15 |
Dismissed
|
State v. Rourke
|
|
… ict court dismissed the lesser charges and the state waived its right to seek a sentencing departure greater than the 128-month sentence. At the plea hearing, appellant admitted that he drove Boettcher’s vehicle in a reckless manner and tha …
|
| C3-02-1961 |
Minn. |
2004-05-13 |
Stayed
|
Hutchinson v. State
|
|
… entencing guidelines for the district court. This statute makes no reference to sentencing departures. Minnesota Statutes § 244.10 (2002), however, sets out certain procedures to be followed for deviations from the guidelines. No relevant c …
|
| A03-1079 |
Minn. Ct. App. |
2003-12-09 |
Stayed
|
State v. Martinson
|
|
… a mitigating factor and holding that record failed to support upward durational sentencing departure where defendant lacked substantial capacity for judgment when he committed the offense). In this case, the record contains ample unrebutted …
|
| A03-603 |
Minn. Ct. App. |
2003-10-24 |
Stayed
|
State v. Bollin
|
|
… rture. The district court concluded that it lacked the discretion to consider a sentencing departure at an EJJ probation-revocation proceeding. On appeal, Bollin argues that it was error for the court to conclude that it lacked authority to …
|
| CX-02-970 |
Minn. |
2003-07-24 |
Stayed
|
State v. Geller
|
|
… es for abuse of discretion. State v. McIntosh, 641 N.W.2d 3, 8 (Minn.2002). For sentencing departures, the guidelines require the sentencing court to “provide written reasons which specify the substantial and compelling nature of the circum …
|
| C9-02-863 |
Minn. Ct. App. |
2003-05-06 |
Stayed
|
State v. Leja
|
|
… viction, and the trial court did not clearly abuse its discretion in its upward sentencing departure for that offense. Affirmed in part and vacated in part. 1 . The prosecutor did not contest defense counsel's assertion that Leja remained s …
|
| C4-01-81 |
Minn. |
2002-05-09 |
Stayed
|
State v. Misquadace
|
|
… departure in a plea bargain.” Misquadace, 629 N.W.2d at 491 . Thus, because the sentencing departures for the burglary and contraband charges were based solely on Misquadace’s consent, the court of appeals reversed the burglary and contraba …
|
| C4-01-81 |
Minn. Ct. App. |
2001-07-10 |
Dismissed
|
State v. Misquadace
|
|
… the reasons for the departure * * * ” Minn.Stat. § 244.10, subd. 2 (2000). Any sentencing departure that is not supported by substantial and compelling circumstances is an abuse of discretion and may not be allowed to stand. See Williams v …
|
| C4-95-1267 |
Minn. Ct. App. |
1996-04-23 |
Stayed
|
State v. Sebasky
|
|
… e we agree, the other aggravating circumstances adequately support the 62-month sentencing departure for Sebasky’s first conviction under Minn.Stat. § 609.342, subd. Kg). DECISION First, the trial court did not abuse its discretion by admit …
|
| C0-95-553 |
Minn. Ct. App. |
1995-10-24 |
Stayed
|
State v. Wilkinson
|
|
… g Wilkinson’s correction motion, the trial court identified the reasons for the sentencing departure that it relied on at sentencing: Defendant admitted when he pled guilty that he was involved in a serious, head-on snowmobile collision whi …
|
| C4-94-819 |
Minn. Ct. App. |
1994-08-30 |
Stayed
|
State v. Bauerly
|
|
… ave received under the presumptive felony sentence of a year and a day, it is a sentencing departure. State v. Cizl, 304 N.W.2d 632 , 634 (Minn.1981) (citing Minn.Sent. Guidelines emt. II.C.05); see also State v. Johnson, 314 N.W.2d 229, 23 …
|
| C0-92-747 |
Minn. Ct. App. |
1992-08-18 |
Dismissed
|
State v. Dokken
|
|
… OPINION RANDALL, Judge. The state appeals a downward disposi-tional sentencing departure from the presumptive sentence of 98 months for respondent’s first degree criminal sexual conduct conviction. We affirm. FACTS Respondent Eric James Dok …
|
| CX-91-1006 |
Minn. Ct. App. |
1992-01-14 |
Dismissed
|
State v. Herrmann
|
|
… case and this case must be recognized. In VanGorden , the court was analyzing a sentencing departure for the crime of first degree criminal sexual conduct. Minn.Stat. § 609.342(e) (1980). 4 Although “injury” is an element of that offense, “ …
|
| C8-91-825 |
Minn. Ct. App. |
1991-12-24 |
Dismissed
|
State v. Larkins
|
|
… in this respect, and emphasize again the clear mandate of Garcia that even if a sentencing departure is agreed to in a plea bargain, a defendant cannot waive the requirement that the trial court must set out proper reasons for the departure …
|
| C4-90-1010 |
Minn. |
1991-08-02 |
Stayed
|
State v. Rasinski
|
|
… use and disregard for its effects is a valid factor to consider for purposes of sentencing departure). We also reject defendant’s claim that his lack of insurance was an improper consideration for departure. We agree with the trial court th …
|
| C6-90-974 |
Minn. Ct. App. |
1990-10-23 |
Reinstated
|
State v. Pieri
|
|
… the Garcia court, a defendant cannot “waive” the requirement that reasons for a sentencing departure be given on the record. Garcia, 302 N.W.2d at 647 . Thus, this court has refused to allow sentencing departures even when the defendant agr …
|
| C6-89-791 |
Minn. Ct. App. |
1990-03-22 |
Dismissed
|
State v. Sanford
|
|
… er victims constitutes particular cruelty and justifies imposition of an upward sentencing departure. See, e.g., State v. Kisch, 346 N.W.2d 130, 133 (Minn.1984). Given these aggravating factors, it would not be an abuse of discretion to imp …
|
| C3-89-988 |
Minn. Ct. App. |
1990-01-30 |
Stayed
|
State v. Skinner
|
|
… as in a position of authority over her at the time of the incident. We find the sentencing departure justified by the factors relied upon by the trial court. DECISION Affirmed. …
|
| C2-88-194 |
Minn. Ct. App. |
1988-06-07 |
Stayed
|
State v. Carter
|
|
… he sentencing guidelines? ANALYSIS Key to the resolution of this appeal are the sentencing departure rules prospectively adopted by the Minnesota Supreme Court in Williams v. State, 361 N.W.2d 840 (Minn.1985): 1. If no reasons for departure …
|
| C3-87-78 |
Minn. Ct. App. |
1987-11-03 |
Stayed
|
State v. Patton
|
|
… ith a dangerous weapon.) The state has filed a notice of review challenging the sentencing departure. We affirm. FACTS Appellant Melreese Patton was charged with two counts of second-degree assault following an incident in which he allegedl …
|
| C5-87-387 |
Minn. Ct. App. |
1987-08-19 |
Stayed
|
State v. Gunderson
|
|
… time of sentencing, no departure will be allowed.” Id. This court has reversed sentencing departures under Williams even where a sentencing departure report was eventually filed, but not filed within the 60-day period recommended by the su …
|
| C6-86-1327 |
Minn. Ct. App. |
1987-05-05 |
Dismissed
|
State v. Wickstrom
|
|
… se relieving Wickstrom of responsibility for the death of the fetus? 5. Was the sentencing departure an abuse of discretion? ANALYSIS 1. Amending the indictment Wickstrom contends the trial court abused its discretion by allowing the prosec …
|
| C5-86-1593 |
Minn. Ct. App. |
1986-12-16 |
Stayed
|
State v. Harstad
|
|
… y responsibility- Under these circumstances, we affirm the trial court’s upward sentencing departure of eight months as being well within the proper exercise of its discretion. See State v. Wittig, 343 N.W.2d 711 (Minn.Ct.App.1984) (upward …
|
| C9-86-9 |
Minn. Ct. App. |
1986-07-22 |
Stayed
|
State v. Johnston
|
|
… Bates’ household as is normally the case when this factor is used to justify a sentencing departure. See, e.g., Back, 341 N.W.2d at 277 ; State v. Van Garden, 326 N.W.2d 633, 635 (Minn.1982). Excluding factors (2) and (4), the trial court …
|
| No. C1-85-866 |
Minn. Ct. App. |
1985-07-09 |
Stayed
|
State v. Cameron
|
|
… chological problems. ISSUE Did the trial court err in refusing a dis-positional sentencing departure? DECISION If the trial court finds an offense involves “substantial and compelling circumstances,” it has authority to depart from a presum …
|
| C7-84-1848 |
Minn. Ct. App. |
1985-02-19 |
Stayed
|
State v. Chapman
|
|
… esumptive sentence. Section II.D. It is not necessary to reach the issue of the sentencing departure, since a new sentencing hearing will be required. However, in case of a plea agreement or conviction on remand, the trial court should prov …
|
| C1-82-1629 |
Minn. |
1984-01-06 |
Stayed
|
State v. Haase
|
|
… er Minn. Stat. § 609.04 to adjudicate him guilty of both offenses, and that the sentencing departure was improper. 1 We affirm. It would serve no useful purpose to summarize the evidence on which defendant’s convictions were based. It is su …
|
| C6-82-1030 |
Minn. |
1983-03-04 |
Stayed
|
State v. Running
|
|
… *120 AMDAHL, Chief Justice. This is an appeal from a sentencing departure with respect to consecutive service. The state did not file a respondent’s brief. We hold that the record on appeal fails to establish the presence of aggravating cir …
|
| C8-82-882 |
Minn. |
1983-02-18 |
Stayed
|
State v. Nelson
|
|
… y the state, pursuant to Minn.Stat. § 244.11 (1982), from a downward durational sentencing departure by the sentencing judge, who imposed an executed prison term of 1 year and 1 day in a case where the presumptive sentence established by th …
|
| 82-595 |
Minn. |
1983-01-28 |
Dismissed
|
State v. Schmit
|
|
… a criminal defendant, pursuant to Minn.Stat. § 244.11 (1982), from a durational sentencing departure. Defendant was charged by indictment with first-degree murder in the shooting death of his wife, but a district court jury found him guilty …
|
| C3-82-921 |
Minn. |
1983-01-28 |
Stayed
|
Jackson v. State
|
|
… onal departures. The state argued then, as it does now, that the propriety of a sentencing departure can only be attacked on direct appeal. The trial court refused to dismiss the petition on this ground. In denying relief, the trial court r …
|