| A16-1050 |
Minn. Ct. App. |
2017-01-30 |
Affirmed
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State of Minnesota v. Everett Williams, Jr.
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… nd guilty. At the sentencing hearing appellant moved for a downward sentencing departure and argued that the district court was not precluded from granting this motion under the plain language of Minn. Stat. § 609.11, subd. 8( …
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| A16-392 |
Minn. Ct. App. |
2017-01-17 |
Affirmed in part, reversed in part, and remanded
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State of Minnesota v. Peter Clare Hoagland
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… I.D.2.b (1992). “Generally, the district court may impose an upward durational sentencing departure if the evidence shows that the defendant committed the offense in a particularly serious way.” State v. Hicks, 864 N.W.2d 153, 157 (Minn. …
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| A15-684 |
Minn. Ct. App. |
2016-12-27 |
Affirmed
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State of Minnesota v. Earl Lionell Ward
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… have a jury decide whether aggravating factors supported an upward durational sentencing departure, leaving that decision to the district court. Ward provided a factual basis for the plea, answered questions from his lawyer, the prosecu …
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| A16-5 |
Minn. Ct. App. |
2016-12-12 |
Affirmed
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State of Minnesota v. Leroy Lamar Morris
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… ed Morris’s plea. Prior to the sentencing hearing, Morris moved for a downward sentencing departure. Morris moved for a dispositional departure in the form of a stayed sentence with up to 20 years of probation, and in the alternative, an …
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| A15-1607 |
Minn. Ct. App. |
2016-12-12 |
Affirmed in part, reversed in part, and remanded
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State of Minnesota v. Bryan Blocker
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… he course of the kidnapping. Respondent State of Minnesota moved for an upward sentencing departure, and the district court submitted a special verdict form to the jury with ten questions to find the existence of aggravating facts. The j …
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| A15-1683 |
Minn. Ct. App. |
2016-12-12 |
Affirmed
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State of Minnesota v. Albert William Brown
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… s cannot support a finding of three or more separate transactions to justify a sentencing departure. 641 N.W.2d 3, 9 (Minn. 2002). In that case, a CRI conducted five 8 controlled purchases …
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| A14-906 |
Minn. |
2016-12-07 |
Affirmed
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Willie Edd Reynolds v. State of Minnesota
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| A15-2028 |
Minn. Ct. App. |
2016-12-05 |
Affirmed
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State of Minnesota v. Lawrence Lee Hicks
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… the district court abused its discretion when it imposed an upward durational sentencing departure based on Minn. Stat. § 244.10, subd. 5a(a)(3), (2014), particular cruelty, and particular vulnerability. Because we conclude that the dis …
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| A16-607 |
Minn. Ct. App. |
2016-12-05 |
Reversed and remanded
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State of Minnesota v. Braden Jay Olson
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… termine whether there are aggravating factors that would support an aggravated sentencing departure. State v. Thompson, 720 N.W.2d 820, 827 (Minn. 2006). But a defendant must make a knowing, voluntary, and intelligent waiver that meets t …
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| A16-534 |
Minn. Ct. App. |
2016-12-05 |
Affirmed
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Marcus Allen Brown v. State of Minnesota
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… ntence in October 2007, alleging Blakely violations and challenging the upward sentencing departure. The postconviction court concluded that Brown had waived his right to a Blakely hearing, we affirmed, and …
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| A16-84 |
Minn. Ct. App. |
2016-11-21 |
Affirmed
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State of Minnesota v. Frank Henry Stanhope
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… tanhope’s motion to withdraw his guilty plea, denied his motion for a downward sentencing departure, and sentenced him to serve 120 months in prison. This appeal follows. DECISION Stanhope con …
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| A15-1532 |
Minn. Ct. App. |
2016-10-24 |
Affirmed
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State of Minnesota v. Nathan Charles Robert Schwartz
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… ord demonstrates that the district court considered appellant’s argument for a sentencing departure. At sentencing, the district court reviewed the pre-sentence investigation report, which recommended the presumptive sentence, and hea …
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| A15-1891 |
Minn. Ct. App. |
2016-10-24 |
Affirmed
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State of Minnesota v. Brock William Orwig
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… e fact of multiple blows proves an element of the crime and cannot justify the sentencing departure. The argument rests on a mistaken premise; multiple blows were not necessary for the club to constitute a dangerous weapon. A “dan …
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| A15-1701 |
Minn. Ct. App. |
2016-10-11 |
Affirmed
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State of Minnesota v. Juanel Anthony Mikulak
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… r “24 hours thereafter.” The court denied Mikulak’s motion for a dispositional sentencing departure and sentenced him to 36 months in prison. Mikulak now appeals his conviction, arguing that the district court improperly accepted his gui …
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| A15-1417 |
Minn. Ct. App. |
2016-10-05 |
Affirmed in part, reversed in part, and remanded
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State of Minnesota v. Devon Derrick Parker
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… hange of venue, and (2) abused its discretion by imposing an upward durational sentencing departure based on the fact that the crime occurred in the victim’s zone of privacy. Because the district court acted within its discretion in denyi …
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| A16-178 |
Minn. Ct. App. |
2016-08-29 |
Affirmed
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State of Minnesota v. Jarvaughn Douglas Washington
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… dency treatment as well as his acceptance of responsibility as reasons for the sentencing departure. The district court ordered Washington to abstain from alcohol and non-prescribed chemicals, to submit to random testing, to complete che …
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| A16-561 |
Minn. Ct. App. |
2016-08-22 |
Reversed and remanded
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State of Minnesota v. Abigail Rae Trulson
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… ubstantially less serious than the typical theft.2 Accordingly, we reverse the sentencing departure and remand to the district court for imposition of a guidelines sentence. 2 We acknowledge the district court’s motivation to give Tru …
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| A14-2187 |
Minn. |
2016-08-17 |
Affirmed
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State of Minnesota v. August Latimothy Fleming
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… son and second-degree assault. The district court imposed an upward durational sentencing departure for the possession conviction because Fleming fired the gun six times in a park filled with children, thereby creating a greater-than-norm …
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| A16-133 |
Minn. Ct. App. |
2016-08-08 |
Affirmed
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State of Minnesota v. Harrison William Rund
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… ay provide a substantial and compelling reason to impose a downward durational sentencing departure if it shows that the defendant’s 7 conduct in committing the offense of conviction was sign …
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| A15-1177 |
Minn. Ct. App. |
2016-08-01 |
Reversed and remanded
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State of Minnesota v. Armando DeLaCruz, Jr.
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… the district court abused its discretion by failing to consider factors for a sentencing departure); State v. Mendoza, 638 N.W.2d 480, 484 (Minn. App. 2002) (“This 8 While Westlaw states that Le has been “abrogated,” Rubey does not e …
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| A15-242 |
Minn. |
2016-07-27 |
Affirmed
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State of Minnesota v. Jacob Miles Solberg
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… ay provide a substantial and compelling reason to impose a downward durational sentencing departure if the mitigating factor shows that the defendant’s conduct in committing the offense of conviction is significantly less serious than th …
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| A16-182 |
Minn. Ct. App. |
2016-07-25 |
Affirmed
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State of Minnesota v. Ricardo Kletschka
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… ed the factors relevant to a 3 sentencing departure and concluded that, if the court had discretion to consider the matter, a departure would be inappropriate. The district court imposed a 6 …
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| A15-1247 |
Minn. Ct. App. |
2016-07-18 |
Affirmed in part, reversed in part, and remanded
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State of Minnesota, (A15-1247), (A15-1255) v. Randall Samuel Stempfley, (A15-1247), (A15-…
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… me Court adopted the following general rules governing when a district court’s sentencing departure may be affirmed or reversed: 1. If no reasons for departure are stated on the record at the time of sen …
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| A15-1941 |
Minn. Ct. App. |
2016-06-27 |
Affirmed
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Ta-Raj Tondell Satari Benness v. State of Minnesota
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… ss’s motion for a 5 downward sentencing departure included sections entitled “Victim Aggression” and “Imperfect Self-Defense.” Benness’s claim of manifest injustice is not supporte …
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| A16-21 |
Minn. Ct. App. |
2016-06-27 |
Reversed and remanded
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State of Minnesota v. John Porter Jackson
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… ial and compelling circumstances are present. Id. “If the reasons given [for a sentencing departure] are improper or inadequate and there is insufficient evidence of record to justify the departure, the departure will be reversed.” State …
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