| A15-1247; A15-1255 |
Minn. |
2017-08-16 |
Granted
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State v. Stempfley
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… responsible” for the acts of their codefendants, and a categorical rule that a sentencing departure may rest solely on an offender’s status as an accomplice would be inconsistent with that principle. State v. Campbell, 367 N.W.2d 454, 461 …
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| A16-0133 |
Minn. |
2017-06-07 |
Granted
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State v. Rund
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… nt officers. The district court granted Rund’s motion for a downward durational sentencing departure. A divided panel of the court of appeals affirmed the departure. 1 Appellant State of Minnesota filed a petition for review, which we grant …
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| No. A12-0835 |
Minn. Ct. App. |
2012-12-17 |
Granted
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State v. Peter
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… burglars). The approach provides only a noncitizen with an exclusive path to a sentencing departure and to be classified as a misde-meanant; an otherwise identically situated citizen would remain a felon (as the guidelines presume for anyo …
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| No. A10-1686 |
Minn. |
2012-08-01 |
Granted
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State v. Grigsby
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… 21 N.W.2d 607, 612-13 (Minn.2006). But when the State intends to seek an upward sentencing departure, due process requires notice of the “proposed departure grounds.” State v. Kendell, 723 N.W.2d 597, 612 (Minn.2006). We have not previously …
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| A08-1835 |
Minn. Ct. App. |
2009-11-10 |
Granted
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State v. Wiskow
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… ense dated December 19, 2007, and filed notice of its intent' to seek an upward sentencing departure under section 609.1095, subdivision 2 (the career-offender statute). After a bifurcated trial, a jury convicted Wiskow of aggravated robber …
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| A07-37 |
Minn. Ct. App. |
2007-12-18 |
Granted
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State v. Hughes
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… submitting any departure fact to a jury. It is precisely this type of judicial sentencing departure that Blakely addresses. But the question is whether Blakely applies retroactively to Hughes’s sentence, as the postconviction court held. B …
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| A06-1689 |
Minn. Ct. App. |
2007-10-09 |
Granted
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State v. Masood
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… ntence of 115 months. The court identified the aggravating factors on which its sentencing departure was based as being the particular cruelty with which Masood committed the crime, the physical and emotional harm to the victim, and the aty …
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| C8-02-1857 |
Minn. |
2004-01-29 |
Granted
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State v. Streiff
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… d could not be considered under the sentencing guidelines to support a downward sentencing departure. Id. at *4 n. 1. Streiff does not argue that the prosecution abused its discretion in bringing the felony charges. Neither does Streiff arg …
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| C6-95-2405 |
Minn. Ct. App. |
1996-08-20 |
Granted
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State v. Esler
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… culpable than a similarly situated adult and should not have imposed an upward sentencing departure. The Minnesota Sentencing Guidelines provide a non-exclusive list of factors to be used in determining whether a departure is warranted. Mi …
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| C4-94-1405 |
Minn. Ct. App. |
1994-09-20 |
Granted
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State v. Fritzke
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… also ensure that the withholding of credit does not result in a de facto upward sentencing departure with respect to consecutive service. State v. Folley, 438 N.W.2d 372, 374 (Minn.1989). This is not a case in which a secret “hold” had been …
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| C1-91-2061 |
Minn. Ct. App. |
1992-01-07 |
Granted
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State v. Moe
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… the departure was Moe’s cooperation with the police. The State challenges this sentencing departure. ISSUE Did the trial court err in offering Moe at the time of the guilty plea a more lenient sentence in exchange for cooperation with poli …
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| No. C8-88-636 |
Minn. |
1989-03-17 |
Granted
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State v. Lomax
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… r review in this case for the limited purpose of considering the propriety of a sentencing departure of greater than two times the presumptive sentence duration. 1 Defendant stands convicted of burglary in the • first degree, Minn.Stat. § 6 …
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| No. CX-87-1566 |
Minn. Ct. App. |
1988-02-16 |
Granted
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State v. Doherty
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… will not be fatal where the record sets forth the trial court’s reasons for the sentencing departure. Id. at 844 . There, the supreme court adopted rules to ensure compliance with the guidelines in cases where no departure report is filed b …
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| CX-85-1319 |
Minn. Ct. App. |
1986-04-18 |
Granted
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State v. Hodges
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… robbery. 1 At sentencing, the trial court granted the State’s *179 motion for a sentencing departure and sentenced appellant to an aggravated term of imprisonment of 238 months, twice the presumptive sentence, for the conviction of second d …
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| C6-85-507 |
Minn. |
1985-07-26 |
Granted
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State v. Thomas
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… kson v. State, 329 N.W.2d 66 (Minn.1983) (holding that a defendant may attack a sentencing departure in a postconviction proceeding). The appeal in this ease is an appeal from the judgment of conviction. The fact that the brief filed in the …
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| C7-83-1676 |
Minn. |
1984-11-02 |
Granted
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State v. Pickett
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… ment not to charge him or prosecute him for the others and not to recommend any sentencing departure. The sentencing worksheet used the Hernandez method of figuring the presumptive sentences. See State v. Hernandez, 311 N.W.2d 478 (Minn.198 …
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| C2-82-196 |
Minn. |
1983-04-15 |
Granted
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State v. Givens
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… nexclusive list of aggravating factors to be considered in a decision to make a sentencing departure. Minnesota Sentencing Guidelines and Commentary, II.D.2(b) (1983). Three points must be made before analyzing the constitutional merit of d …
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