Minnesota Appellate Opinions

Published opinions of the Minnesota Supreme Court and Court of Appeals, collated from public records. 5 opinions matched.

Filtering by: Remanded “sentencing departure” Full archive · 1930–present Limit to last 10 years Clear ×
Docket Court Filed Disposition Case
No. A12-2095 Minn. Ct. App. 2013-04-15 Remanded State v. Amundson
… s a petition for postconviction relief and that the 2005 sentence was an upward sentencing departure supported only by a plea agreement. But the state argues that Misquadace does not apply to appellant’s sentence. Alternatively, the state a …
A06-2130 Minn. 2009-05-21 Remanded State v. Vance
… ee also State v. Hart, 477 N.W.2d 732, 740 (Minn.App.1991) (affirming an upward sentencing departure when the fact that the victim’s children were asleep in the next room increased the victim’s vulnerability and compromised the victim’s abi …
A03-1677 Minn. Ct. App. 2005-03-01 Remanded State v. Senske
… llant, therefore, was not advised that these factors could be used to support a sentencing departure. Based on Shattuck, Conger, and the inadequacy of appellant’s “admissions” under Fairbanks and Hagen , we conclude that the upward duration …
C0-02-1318 Minn. Ct. App. 2004-12-28 Remanded State v. Hagen
… 04), opinion vacated and remanded (Minn. July 20, 2004). We conclude the upward sentencing departure violates Ha-gen’s right to a jury trial under Blakely. We reverse and remand for resentencing consistent with Blakely. FACTS Hagen pleaded …
C9-01-349 Minn. Ct. App. 2001-07-31 Remanded State v. McCoy
… Dr. Selden’s report when sentencing appellant as a patterned sex offender. III. Sentencing Departure Sentencing under the patterned sex offender statute constitutes a departure from the sentencing guidelines. MinmStat. § 609.108, subd. 5. A …