| A16-1050 |
Minn. Ct. App. |
2017-01-30 |
Affirmed
|
State of Minnesota v. Everett Williams, Jr.
|
|
… 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( …
|
| A16-392 |
Minn. Ct. App. |
2017-01-17 |
Affirmed in part, reversed in part, and remanded
|
State of Minnesota v. Peter Clare Hoagland
|
|
… 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. …
|
| A15-684 |
Minn. Ct. App. |
2016-12-27 |
Affirmed
|
State of Minnesota v. Earl Lionell Ward
|
|
… 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 …
|
| A16-5 |
Minn. Ct. App. |
2016-12-12 |
Affirmed
|
State of Minnesota v. Leroy Lamar Morris
|
|
… 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 …
|
| A15-1607 |
Minn. Ct. App. |
2016-12-12 |
Affirmed in part, reversed in part, and remanded
|
State of Minnesota v. Bryan Blocker
|
|
… 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 …
|
| A15-1683 |
Minn. Ct. App. |
2016-12-12 |
Affirmed
|
State of Minnesota v. Albert William Brown
|
|
… 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 …
|
| A14-906 |
Minn. |
2016-12-07 |
Affirmed
|
Willie Edd Reynolds v. State of Minnesota
|
| A15-2028 |
Minn. Ct. App. |
2016-12-05 |
Affirmed
|
State of Minnesota v. Lawrence Lee Hicks
|
|
… 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 …
|
| A16-607 |
Minn. Ct. App. |
2016-12-05 |
Reversed and remanded
|
State of Minnesota v. Braden Jay Olson
|
|
… 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 …
|
| A16-534 |
Minn. Ct. App. |
2016-12-05 |
Affirmed
|
Marcus Allen Brown v. State of Minnesota
|
|
… 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 …
|
| A16-84 |
Minn. Ct. App. |
2016-11-21 |
Affirmed
|
State of Minnesota v. Frank Henry Stanhope
|
|
… 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 …
|
| A15-1532 |
Minn. Ct. App. |
2016-10-24 |
Affirmed
|
State of Minnesota v. Nathan Charles Robert Schwartz
|
|
… 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 …
|
| A15-1891 |
Minn. Ct. App. |
2016-10-24 |
Affirmed
|
State of Minnesota v. Brock William Orwig
|
|
… 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 …
|
| A15-1701 |
Minn. Ct. App. |
2016-10-11 |
Affirmed
|
State of Minnesota v. Juanel Anthony Mikulak
|
|
… 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 …
|
| A15-1417 |
Minn. Ct. App. |
2016-10-05 |
Affirmed in part, reversed in part, and remanded
|
State of Minnesota v. Devon Derrick Parker
|
|
… 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 …
|
| A16-178 |
Minn. Ct. App. |
2016-08-29 |
Affirmed
|
State of Minnesota v. Jarvaughn Douglas Washington
|
|
… 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 …
|
| A16-561 |
Minn. Ct. App. |
2016-08-22 |
Reversed and remanded
|
State of Minnesota v. Abigail Rae Trulson
|
|
… 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 …
|
| A14-2187 |
Minn. |
2016-08-17 |
Affirmed
|
State of Minnesota v. August Latimothy Fleming
|
|
… 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 …
|
| A16-133 |
Minn. Ct. App. |
2016-08-08 |
Affirmed
|
State of Minnesota v. Harrison William Rund
|
|
… 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 …
|
| A15-1177 |
Minn. Ct. App. |
2016-08-01 |
Reversed and remanded
|
State of Minnesota v. Armando DeLaCruz, Jr.
|
|
… 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 …
|
| A15-242 |
Minn. |
2016-07-27 |
Affirmed
|
State of Minnesota v. Jacob Miles Solberg
|
|
… 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 …
|
| A16-182 |
Minn. Ct. App. |
2016-07-25 |
Affirmed
|
State of Minnesota v. Ricardo Kletschka
|
|
… 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 …
|
| A15-1247 |
Minn. Ct. App. |
2016-07-18 |
Affirmed in part, reversed in part, and remanded
|
State of Minnesota, (A15-1247), (A15-1255) v. Randall Samuel Stempfley, (A15-1247), (A15-…
|
|
… 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 …
|
| A15-1941 |
Minn. Ct. App. |
2016-06-27 |
Affirmed
|
Ta-Raj Tondell Satari Benness v. State of Minnesota
|
|
… 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 …
|
| A16-21 |
Minn. Ct. App. |
2016-06-27 |
Reversed and remanded
|
State of Minnesota v. John Porter Jackson
|
|
… 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 …
|
| A15-1429 |
Minn. Ct. App. |
2016-06-13 |
Affirmed
|
State of Minnesota v. Jonathon Michael Honeycutt
|
|
… entence, and we reversed and remanded the district court’s downward durational sentencing departure. Honeycutt, 2016 WL 281425, at *1. In this appeal from the judgment of conviction, appellant argues that the district court abused its di …
|
| A15-1463 |
Minn. Ct. App. |
2016-06-13 |
Affirmed
|
State of Minnesota v. Dalal Bayle Idd
|
|
… for a downward 3 dispositional sentencing departure. Idd argued that he was amenable to probation because he committed the offenses while experiencing mental health issues, but had since rec …
|
| A15-1618 |
Minn. Ct. App. |
2016-06-13 |
Affirmed
|
State of Minnesota v. Allen Maurice Moffett
|
|
… ct court abused its discretion by denying his motion for a downward durational sentencing departure and imposing the presumptive sentence. Appellant also raises several issues in a pro se supplemental brief. We affirm. …
|
| A15-954 |
Minn. Ct. App. |
2016-05-23 |
Affirmed
|
State of Minnesota v. Elijah Emmanual Maddox
|
|
… DECISION Maddox appeals the district court’s upward sentencing departure. We review a district court’s decision to depart from the sentencing guidelines for an abuse of discretion. State v. Hicks, 864 N.W.2d 15 …
|
| A15-870 |
Minn. Ct. App. |
2016-05-23 |
Affirmed in part, reversed in part, and remanded
|
State of Minnesota v. Doan Meshell Engel
|
|
… ohibiting certain testimony, (4) abused its discretion by declining a downward sentencing departure, (5) erred by entering convictions for both assault counts; and (6) abused its discretion by awarding restitution. We affirm in part, rev …
|
| A14-584 |
Minn. |
2016-05-18 |
Affirmed
|
State of Minnesota v. Julian Sanchez-Sanchez
|
|
… he State notified Sanchez-Sanchez that it intended to seek an upward durational sentencing departure based on the pres *327 ence of three aggravating factors: (1) the offense constituted a “major controlled substance offense,” Minn. Sent. G …
|
| A15-991 |
Minn. Ct. App. |
2016-05-09 |
Affirmed
|
State of Minnesota v. David Charles Adams
|
|
… as held that a victim-impact statement may not serve as the factual basis of a sentencing departure if the record does not otherwise contain evidence to support a departure. State v. Yanez, 469 N.W.2d 452, 455 (Minn. App. 1991), review d …
|
| A15-904 |
Minn. Ct. App. |
2016-04-25 |
Affirmed
|
State of Minnesota v. Morgan Lee Thompson
|
|
… f first-degree aggravated robbery. Thompson moved for a downward dispositional sentencing departure based on his significant and untreated mental-health and substance-abuse problems. The district court denied the motion and imposed a pre …
|
| A14-2123 |
Minn. Ct. App. |
2016-04-18 |
Affirmed
|
State of Minnesota v. Casey James Pederson
|
|
… n September 12, 2014, the state filed a notice of intent to seek an aggravated sentencing departure on the grounds that appellant qualified for career-offender sentencing pursuant to Minn. Stat. § 609.1095, subd. 4 (2014), based on the fo …
|
| A15-592 |
Minn. Ct. App. |
2016-03-28 |
Affirmed
|
State of Minnesota v. Matthew Christopher Desjarlais
|
|
… ed (Minn. July 20, 2010). This court will reverse the denial of a motion for a sentencing departure only if there is an exceptional basis justifying departure, see State v. Soto, 855 N.W.2d 303, 309 (Minn. 2014), or if the district court …
|
| A15-1235 |
Minn. Ct. App. |
2016-03-28 |
Reversed and remanded
|
State of Minnesota v. Darren Clinton
|
|
… quadace, 644 N.W.2d 65, 72 (Minn. 2002). Even when a plea agreement proposes a sentencing departure, the district court must still determine whether the offense includes any aggravating or mitigating circumstances warranting a departure. …
|
| A15-1418 |
Minn. Ct. App. |
2016-03-14 |
Reversed and remanded
|
State of Minnesota v. Glenn Kevin Hazley
|
|
… a Supreme Court has held “that plea agreements cannot form the sole basis of a sentencing departure.” State v. Misquadace, 644 N.W.2d 65, 71 (Minn. 2002). Misquadace implicitly rejects that a plea agreement permits application of the …
|
| A15-826 |
Minn. Ct. App. |
2016-02-29 |
Affirmed
|
State of Minnesota v. Zaki Mohamed Sugule
|
|
… ct court abused its discretion by denying his motion for a downward durational sentencing departure. We affirm. FACTS On the afternoon of August 1, 2014, appellant Zaki Mohamed Sugule went …
|
| A15-31 |
Minn. Ct. App. |
2016-02-16 |
Affirmed
|
State of Minnesota v. Lorenzo Leontay Washington
|
|
… attempted second-degree murder. Washington moved for a downward dispositional sentencing departure. The district court denied the motion and imposed a presumptive 131-month sentence. Washington appeals. …
|
| A15-268 |
Minn. Ct. App. |
2016-02-16 |
Affirmed
|
State of Minnesota v. Marlow Shelton McDonald
|
|
… n aggravated durational departure sentence, claiming that although the court’s sentencing departure was “based ostensibly” on McDonald’s career-offender status, the court actually departed based on its belief that McDonald represents a d …
|
| A15-1451 |
Minn. Ct. App. |
2016-02-01 |
Affirmed
|
State of Minnesota v. Antonio Freeman
|
|
… e exercise of that discretion.” State v. Kindem, 313 N.W.2d 6, 7 (Minn. 1981). Sentencing departures must be based on “substantial and 1 Key among Freeman’s special probationary requirements are that he have no contact with gang members …
|
| A15-108 |
Minn. Ct. App. |
2016-01-25 |
Affirmed
|
State of Minnesota v. Yatarrie Lee Brown
|
|
… inal-history score of one. Appellant requested a downward-dispositional sentencing departure. In a statement to the court at the sentencing hearing, appellant claimed that he had taken responsibility for his actions. He stated tha …
|
| A15-119 |
Minn. Ct. App. |
2016-01-19 |
Affirmed
|
State of Minnesota v. Yia Her
|
|
… n. Sent. Guidelines 4.A (2012). Her analyzes this case as an upward durational sentencing departure and argues that he is entitled to reversal of his sentence because “the [district] court cites nothing that makes Her’s conduct atypical f …
|
| A14-1945 |
Minn. Ct. App. |
2016-01-11 |
Affirmed
|
State of Minnesota v. Gideon Charles Arrington, II
|
|
… trict court abused its discretion by granting the state’s motion for an upward sentencing departure because the imposed sentence unduly exaggerates the criminality of his conduct. A district court has great discretion in sentencing, …
|
| A15-1039 |
Minn. Ct. App. |
2015-12-28 |
Affirmed
|
State of Minnesota v. Cedric Demon Pate
|
|
… ing his 11-year-old niece. The district court granted a downward dispositional sentencing departure, stayed execution of a 187-month prison sentence, and placed Pate on probation for ten years. The district court imposed several conditio …
|
| A14-2188 |
Minn. Ct. App. |
2015-12-28 |
Affirmed
|
State of Minnesota v. Reynaldo Benitez
|
|
… and prosecutorial misconduct. Appellant also challenges his upward durational sentencing departure. We affirm. FACTS Appellant Reynaldo Benitez resided with M.M., his girlfriend; B.W.; …
|
| A15-244 |
Minn. Ct. App. |
2015-12-28 |
Affirmed
|
State of Minnesota v. Christopher Dennis Peterson
|
|
… vacy,” which is recognized as an aggravating factor that may justify an upward sentencing departure. Minn. Stat. § 244.10, subd. 5a(a)(14) (2012). A victim has an expectation of privacy in his or her home and in the area surrounding the h …
|
| A15-102 |
Minn. Ct. App. |
2015-12-07 |
Affirmed in part, reversed in part, and remanded
|
State of Minnesota v. Michael Robert Robinson
|
|
… nt’s motion to withdraw his guilty plea or by declining to impose a durational sentencing departure, we affirm in part. But because the district court erred by basing its sentence on an incorrect criminal-history score, we reverse in par …
|
| A15-61 |
Minn. Ct. App. |
2015-12-07 |
Affirmed
|
State of Minnesota v. Guy Anthony Keezer, Jr.
|
|
… facts in violation of appellant’s Blakely trial rights, and imposed an upward sentencing departure that was disproportionate to the seriousness of the offense. We affirm. FACTS Appellant …
|
| A14-1952 |
Minn. Ct. App. |
2015-11-16 |
Affirmed
|
State of Minnesota v. Nathan John Reynolds
|
|
… appeals the district court’s denial of his motion for a downward dispositional sentencing departure. Because the district court properly admitted Reynolds’s statements following his arrest, we affirm the conviction. Because the district …
|