| A14-1779 |
Minn. Ct. App. |
2015-11-09 |
Affirmed
|
State of Minnesota v. George Cornelius Watkins
|
|
… enied (Minn. Mar. 31, 2009). A single aggravating factor may support an upward sentencing departure. State v. O’Brien, 369 N.W.2d 525, 527 (Minn. 1985). Commission of an offense “in a location in which the victim had an expectation …
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| A14-1891 |
Minn. Ct. App. |
2015-11-02 |
Affirmed in part
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State of Minnesota v. Benjamin Paul Adams
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|
… III. The state gave notice that it was seeking an aggravated sentencing departure on the grounds of particular cruelty, but did not give notice as to which offense was committed with particular cruelty. Appellant object …
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| A15-23 |
Minn. Ct. App. |
2015-10-19 |
Affirmed in part, reversed in part, and remanded
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State of Minnesota v. Duane Thomas Mizner
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|
… , and we conclude, that because the district court did not state grounds for a sentencing departure, Mizner’s fourth-degree criminal-sexual-conduct sentence should have been concurrent to his previously imposed second-degree-assault sent …
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| A13-1313 |
Minn. |
2015-09-30 |
Affirmed
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State of Minnesota v. Robert John Meyers
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… 2014). Before trial, the State provided notice of its intent to seek an upward sentencing departure on the first-degree assault charge pursuant to Minn. Sent. Guidelines II.D.2.b(3) (2010); see also Minn. Stat. § 244.10, subd. 5a(a)(3) ( …
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| A14-664 |
Minn. Ct. App. |
2015-09-28 |
Affirmed
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State of Minnesota v. Sheikh Nyane
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… ate agreed to dismiss the remaining charges, withdraw its motion for an upward sentencing departure, and cap the sentence at 200 months, with credit given for the time that Nyane had spent in jail and had spent or would spend in secure m …
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| A14-2052 |
Minn. Ct. App. |
2015-09-14 |
Affirmed
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State of Minnesota v. Rudolph Gordon Cooper
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… d not abuse its discretion by denying Cooper’s second plea-withdrawal motion. Sentencing departure The Minnesota Sentencing Guidelines are advisory and establish “[a] presumptive, fixed sentence for offenders for whom imprisonment …
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| A14-2187 |
Minn. Ct. App. |
2015-09-08 |
Affirmed
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State of Minnesota v. August Latimothy Fleming
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… person, arguing that the district court erred by basing its upward durational sentencing departure on an impermissible aggravating factor. Appellant also challenges the district court’s decision to revoke his probation, arguing that the …
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| A14-1670 |
Minn. Ct. App. |
2015-09-08 |
Affirmed in part, reversed in part, and remanded
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State of Minnesota v. Michael John Mangan
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… ial to determine if any aggravating factors were present which would warrant a sentencing departure. At sentencing, the state sought an upward departure from the sentencing guidelines based on the evidence of appellant’s preparation and …
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| A15-309 |
Minn. Ct. App. |
2015-08-31 |
Reversed and remanded
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State of Minnesota v. Krystal Elizabeth Alwin
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|
… ssession, a felony. Alwin pleaded guilty and moved for a dispositional sentencing departure, requesting that the presumptive year-and-a-day stayed felony sentence be reduced by one day to a 365-day stayed gross-misdemeanor senten …
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| A12-599 |
Minn. |
2015-08-19 |
Affirmed
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State of Minnesota, Respondent/Cross-Appellant v. Bonnie Ann Lindquist, Appellant/Cross-R…
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|
… conviction of 28 drug-related offenses, Osborne was given an upward-durational sentencing departure. Id. at 439 . Although Osborne argued against the upward departure, he did not argue that the imposed sentence was unconstitutional. See id …
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| A15-408 |
Minn. Ct. App. |
2015-07-20 |
Affirmed
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State of Minnesota v. Misty Dawn Dyrdahl
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… 3 upon which a district court may base a sentencing departure. Minn. Sent. Guidelines 2.D.3.a.(2) (2013). In Williams v. State, 361 N.W.2d 840, 844 (Minn. 1985), the Minnesota Supreme Court p …
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| A14-1727 |
Minn. Ct. App. |
2015-07-06 |
Affirmed
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State of Minnesota v. Dale Allen Jones
|
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… choosing to waive all of his trial rights in order to plead guilty and seek a sentencing departure. Both defense counsel and the prosecutor questioned appellant on the factual basis for his plea. When questioned by defense counsel …
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| A14-1862 |
Minn. Ct. App. |
2015-07-06 |
Affirmed
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Kevin Mathew Erickson v. State of Minnesota
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… at the district court failed to make sufficient findings justifying the upward sentencing departure based on his career-offender status, and that the record as a whole did not show that he met the criteria for career-offender status. In …
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| A14-844 |
Minn. Ct. App. |
2015-06-15 |
Reversed and remanded
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State of Minnesota v. Raheem Michael Kemokai
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|
… age to property. The state also filed a notice of its intent to seek an upward sentencing departure on the grounds that appellant had two or more convictions for violent crimes and represented a danger to public safety under Minn. Stat. § …
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| A12-1107 |
Minn. |
2015-06-03 |
Affirmed
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State of Minnesota v. Mo Savoy Hicks
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|
… al, the State gave written notice that it intended to seek an upward durational sentencing departure. Its stated reasons for the departure included that the victim was treated with particular cruelty and that the victim’s body was concealed …
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| A14-1983 |
Minn. Ct. App. |
2015-05-18 |
Reversed and remanded
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State of Minnesota v. Shannon Marie Kiesner
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… replacement). Appellant pleaded guilty to the charge and moved for a downward sentencing departure. At the sentencing hearing, defense counsel 2 stated that the offense occurred when responden …
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| A15-222 |
Minn. Ct. App. |
2015-05-18 |
Reversed and remanded
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State of Minnesota v. Parnard Smith, Jr.
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… owever, the sentencing guidelines limit the district court’s discretion, and a sentencing departure is justified only if “‘there exist identifiable, substantial, and compelling circumstances’ that distinguish a case and overcome the pres …
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| A14-2129 |
Minn. Ct. App. |
2015-05-04 |
Reversed and remanded
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State of Minnesota v. Leroy Lamar Morris
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|
… t; and (4) “[he pleaded] guilty before we had to go through the trial.” In the sentencing departure report, the district court characterized the downward departure as “[d]ispositional.” It gave three reasons for the departure in the repo …
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| A14-747 |
Minn. Ct. App. |
2015-05-04 |
Affirmed
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State of Minnesota v. Curtis Wayne Regguinti
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… ence Regguinti. Regguinti requested a downward durational or dispositional sentencing departure. The district court denied both requests and imposed the presumptive 86-month sentence. Regguinti appeals. …
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| A14-584 |
Minn. Ct. App. |
2015-04-27 |
Affirmed
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State of Minnesota v. Julian Sanchez-Sanchez
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… he conspiracy. The state gave notice that it intended to seek an upward sentencing departure because the offense was a major controlled substance offense, a large number of people were put at risk by the offense, and the offense i …
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| A14-669 |
Minn. Ct. App. |
2015-04-13 |
Affirmed
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State of Minnesota v. Chad Loran Siegel
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… use we see no error in the jury instructions and no abuse of discretion in the sentencing departure, we affirm. FACTS In April 2013, J.L. and three others, Terrance Yance, Jason Carlsness, …
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| A14-1171 |
Minn. Ct. App. |
2015-04-06 |
Affirmed
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State of Minnesota v. Raymond Benjamin
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| A14-1388 |
Minn. Ct. App. |
2015-03-30 |
Affirmed
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Robyn Lynn Hager v. State of Minnesota
|
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… nsel’s unfulfilled promise to him that counsel would argue for a dispositional sentencing departure of probation and chemical-dependency treatment. Hager maintained that he would not have pleaded guilty “if [he] had known that [he] would …
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| A14-422 |
Minn. Ct. App. |
2015-03-02 |
Affirmed in part, reversed in part, and remanded
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State of Minnesota v. Jared Armand Cobb
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… nce of the victim’s previous sexual conduct; (2) imposing an upward durational sentencing departure; and (3) imposing a lifetime conditional-release term. We affirm the district court’s exclusion of evidence and the upward sentencing dep …
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| A14-667 |
Minn. Ct. App. |
2015-03-02 |
Affirmed
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State of Minnesota v. Donald William Laquier Jackson
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… ly notified Jackson and the district court that the state would seek an upward sentencing departure. Jackson waived his right to a sentencing jury. The district court made sentencing findings after it conducted an evidentiary hearing. Du …
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| A14-872 |
Minn. Ct. App. |
2015-02-23 |
Affirmed
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State of Minnesota v. Patrick Lee Goettig
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… sitional departure. A district court has “broad discretion” when considering a sentencing departure, and reversal of a refusal to depart is warranted only in “a rare case.” State v. Kindem, 313 N.W.2d 6, 7 (Minn. 1981). A district court …
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| A13-2312 |
Minn. Ct. App. |
2015-02-23 |
Affirmed in part, reversed in part, and remanded
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State of Minnesota v. Justin Thadeus Amick
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… than the presumptive sentence”). “[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). …
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| A14-291 |
Minn. Ct. App. |
2015-02-17 |
Affirmed
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State of Minnesota v. Ronald Paul Collum
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… he district court based its decision to grant the state’s motion for an upward sentencing departure on its finding that the victims were “particularly vulnerable due to age, infirmity, or reduced physical or mental capacity, which was kno …
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| A14-1130 |
Minn. Ct. App. |
2015-02-17 |
Reversed and remanded
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State of Minnesota v. Leann Bobleter Sargent
|
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… ectively 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 …
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| A14-1113 |
Minn. Ct. App. |
2015-02-02 |
Affirmed
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Harold David Yaritz v. State of Minnesota
|
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… a right to a jury trial on facts used by a district court to support an upward sentencing departure). On October 30, 2009, Yaritz was sentenced to 288 months in accordance with an upward sentencing departure. The sentencing judge noted a …
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| A14-876 |
Minn. Ct. App. |
2015-01-26 |
Affirmed
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Ahmed Shire Ali v. State of Minnesota
|
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… ng jurisprudence, it is permissible for the district court to impose an upward sentencing departure if the evidence shows that the defendant committed the offense in question in a particularly serious way.” Edwards, 774 N.W.2d at 601; Sta …
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| A14-141 |
Minn. Ct. App. |
2015-01-20 |
Affirmed in part, reversed in part, and remanded
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State of Minnesota v. Wayne William Leistico
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… t it would be introducing evidence of aggravating factors to support an upward sentencing departure. Two of the factors were that the crime was committed within the victim’s zone of privacy and that Leistico forced the child to engage in …
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| A14-598 |
Minn. Ct. App. |
2015-01-12 |
Affirmed
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Phillip Anthony Roberts v. State of Minnesota
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| A14-39 |
Minn. Ct. App. |
2015-01-05 |
Affirmed
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State of Minnesota v. Jay Michael Ellingson
|
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… it would not seek an 2 upward sentencing departure, and the dismissal of a separate case in which he was charged with violating a domestic-abuse no-contact order. During the plea hearing, …
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| A14-745 |
Minn. Ct. App. |
2014-12-29 |
Affirmed
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Terelle Eugene Shaw v. State of Minnesota
|
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… UNPUBLISHED OPINION HUSPENI, Judge In this appeal challenging a sentencing departure imposed under a plea agreement, appellant argues that the departure is unlawful because the only reason the district court gave for the d …
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| A14-557 |
Minn. Ct. App. |
2014-12-22 |
Affirmed
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State of Minnesota v. Thomas Henry Bundy
|
|
… pleaded guilty to the charged offense and requested a downward- dispositional sentencing departure. Before his plea, appellant had started sex-offender treatment at Project Pathfinder. Appellant’s therapist stated that he was cooperative …
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| A13-2038 |
Minn. Ct. App. |
2014-12-01 |
Affirmed in part, reversed in part, and remanded
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State of Minnesota v. William Alan Fellner
|
|
… ealment.” He also challenges the district court’s upward dispositional sentencing departure. We affirm the conviction, but we reverse the sentence and remand for resentencing. FACTS …
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| A14-465 |
Minn. Ct. App. |
2014-11-24 |
Affirmed
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Tommie Relando Norwood v. State of Minnesota, Respondent./li>
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… nding alone, this cannot create substantial and compelling circumstances for a sentencing departure. State v. Misquadace, 644 N.W.2d 65, 71 (Minn. 2002). But the district court did not depart; the two aggravated- robbery convictions perm …
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| A14-444 |
Minn. Ct. App. |
2014-11-17 |
Affirmed
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Pedro Maldono Rodriguez, Jr. v. State of Minnesota
|
|
… dence supporting the jury’s aggravating-factors findings, justifying an upward sentencing departure. Id. at 685. In October 2013, appellant filed a motion for “correction of unauthorized sentence under: Minn. R. Crim. P. 27.03, …
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| A13-2234 |
Minn. Ct. App. |
2014-10-27 |
Affirmed
|
State of Minnesota v. Rafael Antonio Alfaro
|
|
… pward departure sentence.” “[N]egotiated plea agreements that include a sentencing departure are justified under the guidelines in cases where substantial and compelling circumstances exist.” State v. Misquadace, 644 N.W.2d 65, 71 …
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| A13-1992 |
Minn. Ct. App. |
2014-10-27 |
Affirmed
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State of Minnesota v. President Pimping Austin
|
|
… te noticed its intent to introduce relationship evidence and to seek an upward sentencing departure based on P.A.’s particular vulnerability and Austin’s particular cruelty. Austin waived his right to have a jury determine his guilt and t …
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| A14-551 |
Minn. Ct. App. |
2014-10-27 |
Affirmed
|
State of Minnesota v. Albert Joe Ryans, Jr.
|
|
… atory 60-month prison sentence, but that appellant would be able to move for a sentencing departure. Appellant filed a motion for a downward dispositional departure later that day. On January 2, 2014, the district court denied appellant’ …
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| A14-424 |
Minn. Ct. App. |
2014-10-20 |
Reversed and remanded
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Laura Barreto Renteria v. State of Minnesota
|
|
… ted the plea and noted that it was understood that appellant would argue for a sentencing departure. At appellant’s sentencing hearing, appellant’s attorney recalled that she was initially slated to go through a diversion program, …
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| A13-1774 |
Minn. Ct. App. |
2014-10-14 |
Affirmed in part
|
State of Minnesota v. Joseph Michael Tuseth
|
|
… idelines contain a nonexclusive list of aggravating factors that may justify a sentencing departure. Minn. Sent. Guidelines 2.D.3.b (2012). If the reasons given for the “departure are legally permissible and factually supported in the rec …
|
| A12-173, A13-996 |
Minn. |
2014-10-08 |
Denied
|
State of Minnesota v. Mahdi Hassan Ali
|
|
… lakely jury’s findings of fact, the district court imposed an upward durational sentencing departure. Id. On appeal, the defendant in Chauvin challenged the district-court’s authority to empanel a Blakely jury. We concluded that the distric …
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| A14-165 |
Minn. Ct. App. |
2014-10-06 |
Affirmed in part, reversed in part, and remanded
|
State of Minnesota v. David Eugene Nelson
|
|
… tor,” and “[a] double durational departure is generally the ‘upper limit’ of a sentencing departure.” State v. Ayala-Leyva, 848 N.W.2d 546, 558 (Minn. App. 2014), review granted on other grounds (Minn. Aug. 5, 2014). But “[w]hile courts …
|
| A13-2310 |
Minn. Ct. App. |
2014-09-22 |
Affirmed
|
State of Minnesota v. Gary Richard Wessman
|
|
… ors relevant to Wessman’s departure request and those factors do not require a sentencing departure, and because Wessman’s additional arguments presented in a supplemental pro se brief do not persuade us, we hold that the district court …
|
| A13-1313 |
Minn. Ct. App. |
2014-09-15 |
Affirmed
|
State of Minnesota v. Robert John Meyers
|
|
… ements of an offense cannot be used as aggravating factors to impose an upward sentencing departure for that same offense.” State v. Osborne, 715 N.W.2d 436, 446 (Minn. 2006). But the supreme court’s ruling in State v. Peake establishes t …
|
| A14-203 |
Minn. Ct. App. |
2014-09-15 |
Affirmed
|
State of Minnesota v. Alton Dominique Finch
|
|
… ct court judge’s statements at the probation- violation hearing, regarding the sentencing departure and the court’s disappointment that Finch violated his probation, reflect bias. But the district court made these statements at the time …
|
| A14-134 |
Minn. Ct. App. |
2014-09-08 |
Affirmed
|
State of Minnesota v. Roger Darnell Webb
|
|
… 2 Appellant moved for a downward dispositional sentencing departure. He argued that the victim attacked him first, although he did not claim self-defense because the force he used was disproportionate to t …
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