| A13-714 |
Minn. Ct. App. |
2014-09-08 |
Affirmed
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State of Minnesota v. Christopher Steven Pettinelli
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… 06 N.W.2d 40, 46 (Minn. 2005). A jury’s finding of a factor that may justify a sentencing departure is reviewed for a sufficiency of the evidence. State v. Rodriguez, 754 N.W.2d 672, 685 (Minn. 2008). During the aggravated-sentenc …
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| A13-2408 |
Minn. Ct. App. |
2014-09-08 |
Affirmed
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Matthew Thomas Fahey v. State of Minnesota
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… n. Aug. 22, 2001). The district court must weigh the reasons for and against a sentencing departure, State v. Curtiss, 353 N.W.2d 262, 263- 64 (Minn. App. 1984), including the consideration of mental illness as a mitigating factor. State …
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| A13-1682 |
Minn. Ct. App. |
2014-09-02 |
Reversed and remanded
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State of Minnesota v. Thomas Wayne Eilertson
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… iples, we conclude that negotiated plea agreements that include a sentencing departure are justified under the guidelines in cases where substantial and compelling circumstances exist. A plea agreem …
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| A14-310 |
Minn. Ct. App. |
2014-08-25 |
Affirmed
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Randall Mark Spears v. State of Minnesota
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… ptive guidelines sentence is permitted absent a statement of the reasons for a sentencing departure placed on the record by the court at the time of sentencing.” But Spears’s reliance on Geller is misplaced because, at Spears’s original …
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| A13-1949 |
Minn. Ct. App. |
2014-08-25 |
Affirmed
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State of Minnesota v. Jonathan Lee Closner
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… district court abused its discretion by sentencing him to an upward durational sentencing departure after he pleaded guilty to attempted second-degree murder because (1) he did not properly waive his right to a Blakely hearing and (2) th …
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| A13-2331 |
Minn. Ct. App. |
2014-08-18 |
Affirmed
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State of Minnesota v. Sam Horace Meeks
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… me, the state provided Meeks notice of its intent to seek an upward durational sentencing departure based on the victim’s particular vulnerability, Meeks’s particularly cruel treatment of the victim, Meeks’s invasion of the victim’s zone …
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| A14-100 |
Minn. Ct. App. |
2014-08-11 |
Affirmed
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Ronald James Kettle v. State of Minnesota
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… h particular cruelty. An aggravating factor that may be used as a reason for a sentencing departure is that “[t]he victim was treated with particular cruelty for which the individual offender should be held responsible.” Minn. Se …
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| A13-1716 |
Minn. Ct. App. |
2014-07-14 |
Affirmed
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State of Minnesota v. Evalyn Lia Bheaanu
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… “straight [guilty] plea” to the charged offense, with the option to move for a sentencing departure. In support of her plea, Bheaanu admitted that in January and February 2012 she purchased methamphetamine from co-defendant Koua “Jimmy” …
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| A13-1125 |
Minn. Ct. App. |
2014-07-14 |
Affirmed
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State of Minnesota v. Mang Yang
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… dings.” Reed, 737 N.W.2d at 583 (quotation omitted). To impose a sentencing departure, a district court “must submit to a jury the question of whether the State has proven beyond a reasonable doubt the existence of addition …
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| No. A13-1129 |
Minn. Ct. App. |
2014-05-27 |
Stayed
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State v. Franklin
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… isdemeanors. Permitting the conviction to now be used as a basis for imposing a sentencing departure that applies only to prior felony convictions would impose the consequences of a felony even though the sentencing judge decided that the p …
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| No. A13-0401 |
Minn. Ct. App. |
2014-05-19 |
Denied
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State v. Ayala-Leyva
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… lements of an offense cannot be used as aggravating factors to impose an upward sentencing departure for that same offense”). The crime of conspiracy requires only two participants and only one active participant. Thus, an upward departure …
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| No. A13-0427 |
Minn. Ct. App. |
2014-01-06 |
Denied
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Orozco v. State
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… ich he pleaded guilty to a reduced charge, in exchange for an upward durational sentencing departure. Id. at 536 . When Lewis later moved to withdraw his guilty plea, the district court denied the motion and sentenced him in accordance with …
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| No. A12-2268 |
Minn. Ct. App. |
2013-11-04 |
Denied
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State v. Essex
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… 7 (Minn.2005) (citing Blakely, 542 U.S. at 303 , 124 S.Ct. at 2537 ). An upward sentencing departure pursuant to the provisions of Minn.Stat. § 609.11 (2010), may not be based on judicial fact-finding. State v. Barker, 705 N.W.2d 768, 773 ( …
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| No. A12-1107 |
Minn. Ct. App. |
2013-09-03 |
Denied
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State v. Hicks
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… rder, but acquitted him of second-degree intentional murder. The state sought a sentencing departure, and on February 17, 2012, the district court held a Blakely hearing. The district court found that the crime was committed in a particular …
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| No. A12-1109 |
Minn. Ct. App. |
2013-05-06 |
Denied
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State v. Turrubiates
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… OPINION SCHELLHAS, Judge. Appellant challenges his 240-month upward sentencing departure for second-degree unintentional felony murder while-committing felonious child endangerment. We affirm. FACTS In an amended complaint, respondent State …
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| No. A12-2095 |
Minn. Ct. App. |
2013-04-15 |
Remanded
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State v. Amundson
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… 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 …
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| No. A12-1208 |
Minn. Ct. App. |
2013-01-28 |
Dismissed
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State v. Maddox
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… ion of 26 months. The state notified Maddox of its intent to seek an aggravated sentencing departure of "up to the statutory maximum sentence of 10 years (120 months) for Check Forgery — Offering Forged Check,” based on the following aggrav …
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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. A12-0204 |
Minn. Ct. App. |
2012-10-29 |
Denied
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Vazquez v. State
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… end an acquittal.” Id. Our supreme court has allowed a defendant to challenge a sentencing departure at a probation revocation. State v. Fields, 416 N.W.2d 734, 736 (Minn.1987). It is only when the. defendant himself develops a “crystallize …
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| No. A11-1734 |
Minn. Ct. App. |
2012-09-17 |
Dismissed
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State v. Rushton
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… e district court articulated a substantial and compelling reason to justify the sentencing departure. Our careful review of the record establishes that the district court did not consider whether Rushton’s 300-month minimum term of imprison …
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| Nos. A11-1379, A12-0081 |
Minn. Ct. App. |
2012-09-17 |
Dismissed
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State v. Castillo-Alvarez
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… 0), review denied (July 20, 2010). “[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). “An upward …
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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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| Nos. A10-1286, A11-0548 |
Minn. |
2012-08-01 |
Denied
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State v. Clarkin
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… f the pretrial proceedings, the State announced its intention to seek an upward sentencing departure as a result of the fact that the complaint alleged a third violent crime under Minn.Stat. § 244.10, subd. 5a(a)(8) (2010). 2 On March 2, 20 …
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| No. A11-1008 |
Minn. Ct. App. |
2012-06-18 |
Denied
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State v. Theng Yang
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… ntenced him to 60 months in prison over his motion for a downward dispositional sentencing departure. Yang appeals, challenging the denial of his motion to suppress and the denial of his sentencing motion. ISSUE Did the officers’ investigat …
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| Nos. A10-1286, A11-548 |
Minn. Ct. App. |
2011-10-03 |
Denied
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State v. Clarkin
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… arkin concurrently to his sentence for violating the ISR. Id. at II.F.l. Such a sentencing departure would require a finding of substantial and compelling reasons. Id. at II.D (2010). This presumption for consecutive sentences changes the l …
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| No. A09-0243 |
Minn. |
2011-09-21 |
Reversed
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State v. Borg
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… the district court abused its discretion by refusing to impose a disposi-tional sentencing departure, and that Borg was entitled to specific performance of the State's plea offer. Because we previously denied Borg’s petition for cross-revie …
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| No. A10-416 |
Minn. Ct. App. |
2011-07-05 |
Denied
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State v. Petersen
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… victim who died after she was born alive. Appellant also argues that an upward sentencing departure was not justified because it was based solely on the parties’ plea agreement. Because appellant’s intentional actions caused the death of t …
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| No. A09-666 |
Minn. |
2011-06-29 |
Affirmed
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Tucker v. State
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… phrase “particular cruelty,” disregards the fundamental requirement permitting sentencing departures only when a defendant’s conduct in the commission of an offense is significantly more serious than that typically involved in the commissi …
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| No. A10-915 |
Minn. Ct. App. |
2011-05-03 |
Dismissed
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State v. Haggins
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… The district court did not do so. “[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). The state …
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| No. A10-1053 |
Minn. Ct. App. |
2011-05-03 |
Reversed
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State v. Weaver
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… guilt, as well as his right to a sentencing trial on facts that might support a sentencing departure. The two pending charges of second-degree unintentional felony murder under Minn. Stat. § 609.19 , subd. 2(1) (1998), which were based on t …
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| No. A09-530 |
Minn. |
2011-03-23 |
Affirmed
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State v. Robideau
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… ion and imposed a sentence of 460 months, which is a 93-month upward durational sentencing departure. The court relied on the aggravating factors of particular cruelty and an offense committed in the presence of a child when it imposed the …
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| No. A09-830 |
Minn. |
2011-01-26 |
Denied
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Vickla v. State
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… 2010). The State also gave notice that it intended to seek an upward durational sentencing departure under the repeat-felony-offender statute, Minn.Stat. § 609.1095, subd. 4. In March 2007, pursuant to a plea agreement, Vickla pleaded guilt …
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| No. A10-14 |
Minn. Ct. App. |
2010-11-30 |
Denied
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State v. Yaritz
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… t must state the reasons why substantial and compelling circumstances justify a sentencing departure. See Minn. Sent. Guidelines II.D (stating, “in exercising the discretion to depart from a presumptive sentence, the judge must disclose in …
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| No. A09-2124 |
Minn. Ct. App. |
2010-11-09 |
Denied
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State v. Hanson
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… with intent to sell. Reversed. . We recognize that the standard of proof for a sentencing departure differs from the higher standard necessary for a conviction. But the existence of plausible alternatives to the intent to sell is relevant …
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| A09-530 |
Minn. Ct. App. |
2010-06-15 |
Denied
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State v. Robideau
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… r but guilty of intentional second-degree murder. The state moved for an upward sentencing departure, and Robideau waived his right to a jury determination on the issue of whether aggravating sentencing factors existed. The district court f …
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| A09-1026 |
Minn. Ct. App. |
2010-05-11 |
Affirmed
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Dillon v. State
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… on argues that aggravating circumstances did not justify the upward dura-tional sentencing departure that increased his sentence to approximately 2.8 times the *594 presumptive term. He asks that his sentence be reduced to 172 months, doubl …
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| A08-1832 |
Minn. Ct. App. |
2010-02-23 |
Stayed
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State v. Mohamed
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… ggravating factors on which the district court relied were improper bases for a sentencing departure. For the reasons set forth below, we affirm in part and remand in part. FACTS In February 2007, appellant Remedan Mohamed brought his injur …
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| A08-100, A08-133 |
Minn. |
2010-02-11 |
Dismissed
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State v. Lopez
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… at 713 . After pleading guilty to third-degree assault and receiving an upward sentencing departure because of the sexual assault that immediately followed the victim’s injury, Boutin argued that he should not be required to register as a …
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| A09-985 |
Minn. Ct. App. |
2010-02-09 |
Denied
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Carse v. State
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… would be a second phase of the trial regarding the state’s motion for an upward sentencing departure, with arguments from counsel and instructions to the jury. The district court asked Carse if he wished to be present for those proceedings. …
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| A09-666 |
Minn. Ct. App. |
2010-01-19 |
Denied
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Tucker v. State
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… ). Three cases in Minnesota provide some authority that particular cruelty as a sentencing departure factor can take the form of failure to render, obtain, or summon aid for a victim injured by the offender or as a result of the offender’s …
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| A07-1012 |
Minn. |
2009-11-19 |
Affirmed
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State v. Edwards
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… ing 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. 4 Ture v. State, 353 N.W.2d 518, …
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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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| A07-937 |
Minn. |
2009-10-22 |
Dismissed
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State v. Rourke
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… . Mar. 8, 2005), the court of appeals concluded that Rourke’s upward durational sentencing departure violated his right to a jury trial under Blakely . Consequently, it remanded for resentenc-ing consistent with Blakely . On remand, the Sta …
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| A08-1061 |
Minn. Ct. App. |
2009-09-29 |
Denied
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State v. Campbell
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… 09.713, subdivision 1 (2006). The state gave notice of intent to seek an upward sentencing departure based on Campbell’s alleged racial motivation. The case proceeded to trial. During jury selection, the district court and both attorneys as …
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| A06-2130 |
Minn. |
2009-05-21 |
Remanded
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State v. Vance
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… 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 …
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| A06-974 |
Minn. |
2008-08-21 |
Denied
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State v. Rodriguez
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… y an accomplice corroboration instruction, and that the district court’s upward sentencing departure on the basis of appellant’s possession of a handgun was invalid. We affirm appellant’s sentence. On March 4, 2004, the Crookston Police Dep …
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| A07-1171 |
Minn. Ct. App. |
2008-07-22 |
Vacated
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State v. Pugh
|
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… sentencing hearing, the district court granted the state’s motion for an upward sentencing departure and imposed a sentence of 180 months and ten years of conditional release on the second count. The court also “[ordered] that the defendant …
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| A06-1001 |
Minn. |
2008-05-30 |
Affirmed
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State v. Jackson
|
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… 7, 2007). We granted review of the sentencing issue. I. Jackson argues that the sentencing departure was improperly based on uncharged offenses of third-degree assault and burglary. Generally, we review a dis *357 trict court’s decision to …
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| A06-2440 |
Minn. Ct. App. |
2008-05-20 |
Denied
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State v. Mudgett
|
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… once the court “determined that it was going to” deny his motion for a downward sentencing departure. The state ignores the substantive issue and focuses only on whether the rules allow a defendant to make an oral motion to withdraw a guilt …
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| A07-353 |
Minn. Ct. App. |
2008-04-22 |
Denied
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State v. Fero
|
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… n the work premises); State v. Bates, 507 N.W.2d 847 (Minn.App.1993) (affirming sentencing departure for criminal-sexual-conduct conviction based in part on fact that appellant, a gymnastics instructor, held a position of authority over the …
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