| A07-176 |
Minn. |
2008-03-27 |
Denied
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State v. Caine
|
|
… ed Davis to testify truthfully against Reese and Caine in return for a downward sentencing departure. During Caine’s trial, the State called Davis, but Davis testified that he no longer remembered anything about the day of the incident beca …
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| A06-1719 |
Minn. |
2008-03-13 |
Affirmed
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State v. Jones
|
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… hat neglect/endangerment caused her death. The court concluded that because the sentencing departure was based on facts reflected in the jury’s guilty verdicts for child neglect and child endangerment, the Blakely fact-finding requirements …
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| A06-1394 |
Minn. Ct. App. |
2008-02-19 |
Denied
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State v. Morales-Mulato
|
|
… interview, the complainant had been sexually abused; and (3) imposing an upward sentencing departure. In a pro se supplemental brief, appellant additionally challenges the sufficiency of the evidence to support his conviction. FACTS Appella …
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| A07-37 |
Minn. Ct. App. |
2007-12-18 |
Granted
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State v. Hughes
|
|
… submitting any departure fact to a jury. It is precisely this type of judicial sentencing departure that Blakely addresses. But the question is whether Blakely applies retroactively to Hughes’s sentence, as the postconviction court held. B …
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| A06-1689 |
Minn. Ct. App. |
2007-10-09 |
Granted
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State v. Masood
|
|
… ntence of 115 months. The court identified the aggravating factors on which its sentencing departure was based as being the particular cruelty with which Masood committed the crime, the physical and emotional harm to the victim, and the aty …
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| A06-974 |
Minn. Ct. App. |
2007-09-11 |
Denied
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State v. Rodriguez
|
|
… ide sufficient evidence to find the necessary aggravating factors for an upward sentencing departure under the guidelines. We observe that the issue of whether a defendant has the right to confront witnesses against him in sentencing trials …
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| A06-1102 |
Minn. Ct. App. |
2007-07-03 |
Dismissed
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Johnson v. State
|
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… thorized by law. See State v. Rohda, 358 N.W.2d 39, 41 (Minn.1984) (remanding a sentencing departure, when the district court never indicated it wanted to depart). Second, the new sentence did not exaggerate the criminality of Johnson’s con …
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| A06-1719 |
Minn. Ct. App. |
2007-06-19 |
Affirmed
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State v. Jones
|
|
… uidelines. Following our earlier remand of the district court’s 24-month upward sentencing departure, that court reaffirmed the departure based on an earlier jury verdict, determining that appellant had also committed lesser offenses of chi …
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| A04-1000 |
Minn. |
2007-06-14 |
Denied
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State v. Maurstad
|
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… 159 L.Ed.2d 403 , to have a jury find the facts necessary to support an upward sentencing departure. Osborne, 715 N.W.2d at 440-41 . Further, as the dissent correctly notes, Osborne concerns the actions a defendant must take under our rule …
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| A06-325 |
Minn. Ct. App. |
2007-05-10 |
Stayed
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State v. Coleman
|
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… reaffirmed Williams to conclude that “absent a statement of the reasons for the sentencing departure placed on the record at the time of sentencing, no departure will be allowed. As we discussed in Williams, this rule is consistent with the …
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| A06-166, A06-311 |
Minn. Ct. App. |
2007-01-09 |
Stayed
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Black v. State
|
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… and determined that an additional aggravating factor supported the consecutive sentencing departure. This appeal follows. ISSUES I. Did the district court abuse its discretion in not allowing appellant to withdraw his guilty plea? II. Did …
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| A05-0427 |
Minn. |
2006-11-09 |
Denied
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State v. Kendell
|
|
… use the state failed to provide adequate notice of its intent to seek an upward sentencing departure and failed to include the departure factor in the indictment; (5) the district court erred when it permitted witnesses to testify that, aft …
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| A05-726 |
Minn. |
2006-10-26 |
Affirmed
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State v. Chauvin
|
|
… ” 704 N.W.2d at 142 . Without a constitutional mechanism for imposing an upward sentencing departure and without legislative guidance on how to proceed, impaneling a sentencing jury was necessary (1) to carry out the legislative sentencing …
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| A06-168 |
Minn. |
2006-10-26 |
Denied
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Hankerson v. State
|
|
… 05). These amendments apply “to sentencing hearings, resentencing hearings, and sentencing departures sought on or after” the effective date of the act. Sections 3-6, 2005 Minn. Laws at 1115-16. As amended, Minn. Sent. Guidelines II.D provi …
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| A04-1808 |
Minn. |
2006-09-07 |
Reversed
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State v. Thompson
|
|
… cing Guidelines. Thompson challenged her sentence on appeal, arguing the upward sentencing departure violated her right to a jury trial on sentencing enhancement factors as required under Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 …
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| A04-975 |
Minn. |
2006-08-10 |
Reversed
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State v. Dettman
|
|
… ely , the court of appeals reversed Dettman’s sentence, holding that the upward sentencing departure was unconstitutional because it was based on judicial findings of fact. State v. Dettman, 696 N.W.2d 812, 813, 816 (Minn.App.2005). The cou …
|
| A05-789 |
Minn. |
2006-06-22 |
Denied
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State v. Paul
|
|
… and other cases in exchange for the federal prosecutor’s motion for a downward sentencing departure. Keefe interviewed Herron again in February 2004. Keefe also obtained statements from Dent, Wilson, and Spencer that month. Paul was then a …
|
| C1-03-253 |
Minn. |
2006-06-08 |
Affirmed
|
State v. Osborne
|
|
… factors, was ineffective. Moreover, it cannot be argued that Osborne agreed to sentencing departures or waived the need to determine the facts necessary to support such departures. To the contrary, Osborne submitted a sentencing memorandum …
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| A04-2327 |
Minn. Ct. App. |
2005-12-27 |
Stayed
|
State v. Zulu
|
|
… dence prejudicial to appellant. Appellant also challenges the upward durational sentencing departure imposed by the district court, arguing that (1) his waiver of a jury determination of aggravating sentencing factors was not knowing, intel …
|
| A04-2050 |
Minn. Ct. App. |
2005-12-27 |
Reversed
|
State v. Montgomery
|
|
… cretion by admitting Spreigl evidence and by denying his motion for a mitigated sentencing departure. He also claims the prosecutor committed misconduct. FACTS According to testimony in the trial that began on April 19, 2004, Brenda Peterso …
|
| A03-1898 |
Minn. |
2005-12-01 |
Affirmed
|
State v. Henderson
|
|
… te v. Fields, 416 N.W.2d 734, 735 (Minn.1987) (allowing challenge to durational sentencing departure following revocation of stayed sentence); State v. White, 300 *760 Minn. 99, 105-06, 219 N.W.2d 89, 93 (1974) (holding that statutory prohi …
|
| A04-127 |
Minn. |
2005-11-23 |
Stayed
|
State v. Allen
|
|
… e v. Fields, 416 N.W.2d 734, 736 (Minn.1987) (allowing challenge to dura-tional sentencing departure following revocation of stayed sentence); State v. White, 300 Minn. 99, 105-06 , 219 N.W.2d 89, 93 (1974) (holding that statutory prohibiti …
|
| A04-1692 |
Minn. Ct. App. |
2005-11-22 |
Denied
|
State v. Adkins
|
|
… misidentifieation. A jury found appellant guilty. The state moved for an upward sentencing departure under Minn.Stat. § 609.1095, subd. 4 (2004). Based on appellant’s prior felony convictions, including eight burglary-related convictions, t …
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| A04-278 |
Minn. |
2005-10-06 |
Dismissed
|
Spann v. State
|
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… blished by this court in State v. Misquadace, 644 N.W.2d 65 (Minn.2002), that a sentencing departure cannot be based on a plea agreement alone, but must have a factual basis. Finally, Spann argues that permitting a defendant to waive *490 h …
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| A05-282 |
Minn. Ct. App. |
2005-09-13 |
Stayed
|
State v. Rannow
|
|
… 4 N.W.2d 65, 71 (2002) (holding that “negotiated plea agreements that include a sentencing departure are justified under the guidelines in cases where substantial and compelling circumstances exist[,]” but a “plea agreement standing alone . …
|
| A04-57 |
Minn. |
2005-06-23 |
Reversed
|
State v. Leake
|
|
… ur decision in Smith , in Blakely the Supreme Court addressed whether an upward sentencing departure under Washington’s sentencing guidelines violated the defendant’s Sixth Amendment right to a jury trial because the district court, rather …
|
| A03-826 |
Minn. |
2005-05-26 |
Denied
|
State v. Blanche
|
|
… ce for a crime committed for the benefit of a gang. The court, making an upward sentencing departure, ordered these sentences to run consecutively to each other and consecutively to a federal sentence that Blanche was serving until April 11 …
|
| A04-975 |
Minn. Ct. App. |
2005-05-24 |
Dismissed
|
State v. Dettman
|
|
… at he had a right to a jury determination on any fact used to support an upward sentencing departure” and his corresponding waiver regarding that right must be “full-scale, on-the-record oral or written.” Id. We also noted that such admissi …
|
| A04-1808 |
Minn. Ct. App. |
2005-04-05 |
Denied
|
State v. Thompson
|
|
… g up her right to a jury determination of the presence of a factual basis for a sentencing departure. The district court found that such a basis existed and sentenced appellant to the presumptive sentence on counts 1-4 and imposed concurren …
|
| 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 …
|
| A04-324 |
Minn. Ct. App. |
2004-12-07 |
Affirmed
|
State v. Houston
|
|
… 1 , 159 L.Ed.2d 403 (2004), the United States Supreme Court held that an upward sentencing departure is unconstitutional unless the facts upon which the departure was based were admitted by the defendant or found beyond a reasonable doubt b …
|
| A031803 |
Minn. Ct. App. |
2004-11-23 |
Denied
|
State v. Petschl
|
|
… he may impose mthout any additional findings.” Id. at *470 2587. Therefore, any sentencing departures that are based on the judge’s findings, rather than those of the jury, are invalid under the Sixth Amendment. Id. at 2538 . In addition, t …
|
| A04-176 |
Minn. Ct. App. |
2004-11-23 |
Denied
|
State v. Johnson
|
|
… equently held that under Washington’s determinate sentencing scheme, any upward sentencing departures based on the judge’s findings, rather than those of the jury, are invalid under the Sixth Amendment. Id. at 2538 . After Blakely issued, w …
|
| A03-1803 |
Minn. Ct. App. |
2004-11-23 |
Denied
|
State v. Petschl
|
|
… um he may impose without any additional findings.” Id. at 2537 . Therefore, any sentencing departures that are based on the judge’s findings, rather than those of the jury, are invalid under the Sixth Amendment. Id. at 2538 . In addition, t …
|
| A03-1182 |
Minn. Ct. App. |
2004-11-02 |
Stayed
|
State v. Saue
|
|
… pellant Ross Adam Saue argues that the upward *339 dispositional and durational sentencing departures were based on judicial findings and therefore violate his Sixth Amendment right to a jury trial under Blakely v. Washington, 124 S.Ct. 253 …
|
| A04-983 |
Minn. Ct. App. |
2004-11-02 |
Denied
|
State v. Fairbanks
|
|
… without any additional findings.” Id. at 2537 . Thus, under Blakely , an upward sentencing departure under a statutory framework materially comparable to the Washington criminal code may not rely on judicially determined facts; a jury must …
|
| A04-278 |
Minn. Ct. App. |
2004-09-28 |
Reversed
|
Spann v. State
|
|
… ct. .Appellant also claimed that the district court erred in imposing an upward sentencing departure. After appellant’s brief was filed but before the state’s brief was due, the parties reached a stipulated resolution of appellant’s appeal. …
|
| A03-1632 |
Minn. Ct. App. |
2004-08-31 |
Denied
|
State v. Vance
|
|
… admitting expert testimony on battered-woman syndrome and in imposing an upward sentencing departure. FACTS Appellant Elton Perez Vance and the victim, A.S.T., began an on-and-off relationship in 1996; and appellant is the father of the vic …
|
| A03-737 |
Minn. Ct. App. |
2004-08-10 |
Denied
|
State v. Heath
|
|
… ses, however, the trial court refers to all of the aggravating factors from its sentencing departure report as justification for its upward dura-tional departure. In light of Williams, we must conclude that the trial court erred in failing …
|
| C9-02-863 |
Minn. |
2004-07-29 |
Stayed
|
State v. Leja
|
|
… under the Minnesota Sentencing Guidelines, Leja’s conduct justifies this upward sentencing departure of 60 months. Leja met Darnell Smith in 1998 while she was employed as a guard at the Still-water State Prison where Smith was serving a se …
|
| A03-1418 |
Minn. Ct. App. |
2004-06-22 |
Vacated
|
State v. Anyanwu
|
|
… N.W.2d 65, 72 (Minn.2002) (holding a plea agreement by itself may not support a sentencing departure). Although Anyanwu is not directly challenging the sentencing departure here, we conclude that he should not be precluded from challenging …
|
| A03-1254 |
Minn. Ct. App. |
2004-06-15 |
Dismissed
|
State v. Rourke
|
|
… ict court dismissed the lesser charges and the state waived its right to seek a sentencing departure greater than the 128-month sentence. At the plea hearing, appellant admitted that he drove Boettcher’s vehicle in a reckless manner and tha …
|
| C3-02-1961 |
Minn. |
2004-05-13 |
Stayed
|
Hutchinson v. State
|
|
… entencing guidelines for the district court. This statute makes no reference to sentencing departures. Minnesota Statutes § 244.10 (2002), however, sets out certain procedures to be followed for deviations from the guidelines. No relevant c …
|
| A03-429 |
Minn. Ct. App. |
2004-02-03 |
Denied
|
State v. Brennan
|
|
… d (2) the district court abused its discretion by imposing an upward durational sentencing departure. We affirm in part, reverse in part, and remand. FACTS Brennan worked for the American Cancer Society (ACS) from March 1999 until March 200 …
|
| C8-02-1857 |
Minn. |
2004-01-29 |
Granted
|
State v. Streiff
|
|
… d could not be considered under the sentencing guidelines to support a downward sentencing departure. Id. at *4 n. 1. Streiff does not argue that the prosecution abused its discretion in bringing the felony charges. Neither does Streiff arg …
|
| A03-1079 |
Minn. Ct. App. |
2003-12-09 |
Stayed
|
State v. Martinson
|
|
… a mitigating factor and holding that record failed to support upward durational sentencing departure where defendant lacked substantial capacity for judgment when he committed the offense). In this case, the record contains ample unrebutted …
|
| A03-603 |
Minn. Ct. App. |
2003-10-24 |
Stayed
|
State v. Bollin
|
|
… rture. The district court concluded that it lacked the discretion to consider a sentencing departure at an EJJ probation-revocation proceeding. On appeal, Bollin argues that it was error for the court to conclude that it lacked authority to …
|
| C9-02-815 |
Minn. |
2003-10-23 |
Denied
|
State v. Richardson
|
|
… d durational departures, asserting that no factors were cited in support of the sentencing departures for the assaults and that the departures for the kidnappings were improper. For each offense, there must be substantial and compelling rea …
|
| CX-02-970 |
Minn. |
2003-07-24 |
Stayed
|
State v. Geller
|
|
… es for abuse of discretion. State v. McIntosh, 641 N.W.2d 3, 8 (Minn.2002). For sentencing departures, the guidelines require the sentencing court to “provide written reasons which specify the substantial and compelling nature of the circum …
|