| C6-02-1159 |
Minn. Ct. App. |
2003-06-24 |
Affirmed
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State v. Dominguez
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… lso alleges that the district court abused its discretion by imposing an upward sentencing departure. FACTS E.P. and L.H. were taken from their car at gunpoint in the early morning hours as they returned home from a party. They were forced …
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| C9-02-863 |
Minn. Ct. App. |
2003-05-06 |
Stayed
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State v. Leja
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… viction, and the trial court did not clearly abuse its discretion in its upward sentencing departure for that offense. Affirmed in part and vacated in part. 1 . The prosecutor did not contest defense counsel's assertion that Leja remained s …
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| C5-02-195 |
Minn. Ct. App. |
2002-12-27 |
Denied
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State v. Lindsey
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… saults. While the brutality of an assault can be considered in making an upward sentencing departure, the brutality must be significantly more serious than conduct typically involved in that type of assault. See State v. Felix, 410 N.W.2d 3 …
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| C7-02-960 |
Minn. Ct. App. |
2002-11-26 |
Affirmed
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State v. Johnson
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… RSON, Judge. Appellant challenges the district court’s double durational upward sentencing departure from the presumptive sentence and the court’s imposition of consecutive sentences for offenses committed during the same behavioral inciden …
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| C1-00-2022 |
Minn. |
2002-08-08 |
Affirmed
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State v. Thao
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… arting from the sentencing guidelines. Thao, 634 N.W.2d at 247, 251 . As to the sentencing departure, the court ruled that the park or playground location of the shooting was an aggravating factor as it constituted a “zone of tranquility” w …
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| C2-02-25 |
Minn. Ct. App. |
2002-07-09 |
Modified
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State v. Simmons
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… trict court’s verbal soliloquy demonstrated bias. Respondent maintains that the sentencing departure is supported by the record, because (a) the crime was a major economic crime; (b) there were multiple victims; (c) the crime was one of maj …
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| C9-01-1128 |
Minn. Ct. App. |
2002-06-11 |
Denied
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State v. DeShay
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… 89 Prior to his sentencing, DeShay filed a motion in which he sought a downward-sentencing departure and challenged the constitutionality of Minn.Stat. § 609.229 (1998) (crime committed for the benefit of a gang statute) under the Minnesota …
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| C2-01-1939 |
Minn. Ct. App. |
2002-05-21 |
Denied
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State v. Sanders
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… relies on the supreme court’s ruling in Williams v. State, which stated that a sentencing departure will be affirmed despite improper or inadequate reasons if the record contains sufficient evidence to justify the departure. Williams v. St …
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| C4-01-81 |
Minn. |
2002-05-09 |
Stayed
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State v. Misquadace
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… departure in a plea bargain.” Misquadace, 629 N.W.2d at 491 . Thus, because the sentencing departures for the burglary and contraband charges were based solely on Misquadace’s consent, the court of appeals reversed the burglary and contraba …
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| C9-00-1054 |
Minn. |
2002-03-21 |
Affirmed
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State v. McIntosh
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… stituted a major controlled substance offense. We therefore reverse, vacate the sentencing departure, and remand to the district court for the imposition of the presumptive guidelines sentence. In late 1998 an informant notified Rochester, …
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| C1-00-2022 |
Minn. Ct. App. |
2001-10-16 |
Denied
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State v. Tze Thao
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… ocation of a crime has been recognized as a proper factor on which to rely in a sentencing departure. See State v. Murphy, 545 N.W.2d 909, 917 (Minn.1996) (upward departure supported in part by the fact that the crime was committed in victi …
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| C9-01-349 |
Minn. Ct. App. |
2001-07-31 |
Remanded
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State v. McCoy
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… Dr. Selden’s report when sentencing appellant as a patterned sex offender. III. Sentencing Departure Sentencing under the patterned sex offender statute constitutes a departure from the sentencing guidelines. MinmStat. § 609.108, subd. 5. A …
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| C4-01-81 |
Minn. Ct. App. |
2001-07-10 |
Dismissed
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State v. Misquadace
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… the reasons for the departure * * * ” Minn.Stat. § 244.10, subd. 2 (2000). Any sentencing departure that is not supported by substantial and compelling circumstances is an abuse of discretion and may not be allowed to stand. See Williams v …
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| C0-00-1198 |
Minn. Ct. App. |
2001-06-05 |
Denied
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State v. Valentine
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… evidence was fully realized, jury would have reached same verdict). III. Upward Sentencing Departure The analysis of appellant’s challenge to the upward departure must begin with a focus on appellant’s conduct. As set forth by the Minnesota …
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| C9-00-891 |
Minn. Ct. App. |
2000-12-12 |
Vacated
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State v. Ohrt
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… of adjudication. The district court is required to provide reasons supporting a sentencing departure. Williams v. State, 361 N.W.2d 840, 844 (Minn.1985). Written reasons are required if the court dismisses a complaint “in furtherance of jus …
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| C5-99-864 |
Minn. Ct. App. |
2000-04-18 |
Denied
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State v. Morris
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… further that if there are substantial and compelling circumstances to support a sentencing departure, they are not the severe aggravating circumstances necessary to support a greater-than-double departure. Morris was convicted of making ter …
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| CX-98-820 |
Minn. |
2000-03-02 |
Affirmed
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State v. Williams
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… 3. The court then addressed the factors cited by the trial court supporting the sentencing departures. It concluded that infliction of terror and particular vulnerability supported a departure on the burglary sentence; physical injury, grat …
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| C5-99-654 |
Minn. Ct. App. |
1999-09-07 |
Modified
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State v. Donnay
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… CHER, Judge. The State of Minnesota appeals from a dispositional and durational sentencing departure by the district court in the criminal vehicular operation conviction of respondent Chad Paul Donnay. We affirm as modified. FACTS Donnay wa …
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| C0-97-1268 |
Minn. |
1999-02-25 |
Affirmed
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State v. Spain
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… ranted appellant’s petition for review for the limited purpose of reviewing the sentencing departure. We hold that the aggravating circumstances present in this case, while serious, do not justify a greater-than-double durational departure …
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| CX-96-1672 |
Minn. |
1998-03-05 |
Affirmed
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State v. Hare
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… ions, and the trial court abused its discretion in failing to impose a downward sentencing departure. The court of appeals affirmed in an unpublished decision. Hare appeals to this court, claiming that he is entitled to a new trial based on …
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| C9-97-488 |
Minn. Ct. App. |
1998-02-03 |
Modified
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State v. Beard
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… ion in declining to give the “rational hypothesis of innocence” instruction. 4. Sentencing Departure Beard argues that the trial court abused its discretion in departing upward from the presumptive sentence of 165 months to 360 months, a gr …
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| C8-96-1167 |
Minn. Ct. App. |
1996-12-24 |
Affirmed
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Berg v. State
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… lea agreement on the record, to-wit, that the state would not request an upward sentencing departure and she was free to argue for a downward departure. Berg entered a guilty plea, which was followed by an inquiry by the district court and …
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| C9-95-2463 |
Minn. Ct. App. |
1996-10-15 |
Modified
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State v. Butterfield
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… weapon in the trailer but guilty of the other eight charges. The state sought a sentencing departure with regard to duration and consecutive service. At the sentencing hearing, L.L. testified that her family had been traumatized by her orde …
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| C6-95-2405 |
Minn. Ct. App. |
1996-08-20 |
Granted
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State v. Esler
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… culpable than a similarly situated adult and should not have imposed an upward sentencing departure. The Minnesota Sentencing Guidelines provide a non-exclusive list of factors to be used in determining whether a departure is warranted. Mi …
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| CX-96-84 |
Minn. Ct. App. |
1996-07-10 |
Denied
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State v. Behl
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… ase to the jurisdiction of the juvenile court for sentencing and for a downward sentencing departure based on the presentenee investigation report. Denying both motions, the trial court determined that the offense of possession or operation …
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| No. C6-95-2582 |
Minn. Ct. App. |
1996-05-14 |
Denied
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State v. Lambert
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… guilty. Pursuant to the plea agreement, the prosecution recommended a downward sentencing departure. The district court imposed the 51-month recommended downward departure because Lambert had no previous involvement in the drug trade and h …
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| C4-95-1267 |
Minn. Ct. App. |
1996-04-23 |
Stayed
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State v. Sebasky
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… e we agree, the other aggravating circumstances adequately support the 62-month sentencing departure for Sebasky’s first conviction under Minn.Stat. § 609.342, subd. Kg). DECISION First, the trial court did not abuse its discretion by admit …
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| C9-95-1197 |
Minn. Ct. App. |
1996-04-23 |
Denied
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State v. VanZee
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… f-trial motion to represent himself and its dispositional and triple-durational sentencing departure. We affirm. FACTS This appeal arises out of appellant William Won VanZee’s conviction for third-degree criminal sexual conduct, in violatio …
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| C2-95-1333 |
Minn. Ct. App. |
1996-04-02 |
Modified
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State v. Davis
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… rly similar to his theory of consent; (2) improperly based an upward durational sentencing departure on findings of fact that have no support in the record; and (3) erroneously entered judgments of conviction on both the charge of first-deg …
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| C0-95-553 |
Minn. Ct. App. |
1995-10-24 |
Stayed
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State v. Wilkinson
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… g Wilkinson’s correction motion, the trial court identified the reasons for the sentencing departure that it relied on at sentencing: Defendant admitted when he pled guilty that he was involved in a serious, head-on snowmobile collision whi …
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| C6-94-1650 |
Minn. Ct. App. |
1995-07-20 |
Denied
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State v. Gorman
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… al court clearly abuse its discretion in admitting Spreigl evidence? 3. Was the sentencing departure an abuse of discretion? ANALYSIS I. Jury Instructions Gorman argues that the trial court abused its discretion in instructing the jury on t …
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| C1-94-2267, C3-94-2268 |
Minn. Ct. App. |
1995-03-14 |
Denied
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State v. Vahabi
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… sentences. Because this issue may arise on remand, we address it here. It is a sentencing departure for the trial court to give a nonfelony sentence for a felony offense. See, e.g., State v. Cizl, 304 N.W.2d 632, 633 (Minn.1981) (trial cou …
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| C1-94-860 |
Minn. Ct. App. |
1995-02-28 |
Denied
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State v. Hendrickson
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… umulative to the other properly admitted Spreigl evidence. c. “Career offender” sentencing departure Appellant challenges the sentencing departure up to the 20-year statutory maximum, based on the career offender statute. He contends that t …
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| C4-94-1405 |
Minn. Ct. App. |
1994-09-20 |
Granted
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State v. Fritzke
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… also ensure that the withholding of credit does not result in a de facto upward sentencing departure with respect to consecutive service. State v. Folley, 438 N.W.2d 372, 374 (Minn.1989). This is not a case in which a secret “hold” had been …
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| C4-94-819 |
Minn. Ct. App. |
1994-08-30 |
Stayed
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State v. Bauerly
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… ave received under the presumptive felony sentence of a year and a day, it is a sentencing departure. State v. Cizl, 304 N.W.2d 632 , 634 (Minn.1981) (citing Minn.Sent. Guidelines emt. II.C.05); see also State v. Johnson, 314 N.W.2d 229, 23 …
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| C0-93-77 |
Minn. Ct. App. |
1993-11-02 |
Denied
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State v. Bates
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… er included crime; (6) admittance of improperly seized evidence; and (7) upward sentencing departure. We affirm. FACTS While attending college, Bates worked part-time as a gymnastics instructor and coach at a gymnastics school in Eagan. Two …
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| C4-92-1903 |
Minn. Ct. App. |
1993-08-31 |
Modified
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State v. Rodriguez
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… eges the trial court abused its discretion in imposing a 50% upward dura-tional sentencing departure based upon the particular vulnerability of Flaherty. A trial court may depart from the sentencing guidelines when aggravating circumstances …
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| C9-92-1458 |
Minn. Ct. App. |
1993-06-22 |
Denied
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State v. Douglas
|
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… rview, we do not find reversible error in admitting appellant’s confession. II. Sentencing departure Appellant was sentenced to 330 months imprisonment for his conviction of second degree felony murder, a double upward durational departure …
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| C5-92-968 |
Minn. Ct. App. |
1993-02-25 |
Affirmed
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State v. Christie
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… CISION We hold that Minn.Stat. § 609.1352 is constitutional and authorized as a sentencing departure by the Minnesota Sentencing Guidelines. Appellant’s right to due process was not violated. Affirmed. 1 . Minn.Stat. § 609.1352 (Supp.1989) …
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| C6-92-610 |
Minn. Ct. App. |
1993-02-23 |
Denied
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State v. Condon
|
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… te due process. Condon’s criminal history score was properly calculated and the sentencing departure was supported by severe aggravating factors. Affirmed. …
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| C0-92-747 |
Minn. Ct. App. |
1992-08-18 |
Dismissed
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State v. Dokken
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… OPINION RANDALL, Judge. The state appeals a downward disposi-tional sentencing departure from the presumptive sentence of 98 months for respondent’s first degree criminal sexual conduct conviction. We affirm. FACTS Respondent Eric James Dok …
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| C7-91-2209 |
Minn. Ct. App. |
1992-03-03 |
Denied
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State v. Allen
|
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… in citing S.K.’s psychological injuries as an aggravating factor. Finally, the sentencing departure in this case was limited. The court raised the first-degree sexual assault sentence to 148 months. This amounted to a departure of 1.6 time …
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| C5-91-2015 |
Minn. Ct. App. |
1992-02-04 |
Denied
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State v. Elting
|
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… , 343 N.W.2d 22, 25 (Minn.1984) (defendant’s mental impairment does not require sentencing departure). The imposition of four consecutive 60-month sentences therefore does not unfairly exaggerate the criminality of appellant’s conduct. II. …
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| CX-91-1006 |
Minn. Ct. App. |
1992-01-14 |
Dismissed
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State v. Herrmann
|
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… case and this case must be recognized. In VanGorden , the court was analyzing a sentencing departure for the crime of first degree criminal sexual conduct. Minn.Stat. § 609.342(e) (1980). 4 Although “injury” is an element of that offense, “ …
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| C1-91-2061 |
Minn. Ct. App. |
1992-01-07 |
Granted
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State v. Moe
|
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… the departure was Moe’s cooperation with the police. The State challenges this sentencing departure. ISSUE Did the trial court err in offering Moe at the time of the guilty plea a more lenient sentence in exchange for cooperation with poli …
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| C8-91-825 |
Minn. Ct. App. |
1991-12-24 |
Dismissed
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State v. Larkins
|
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… in this respect, and emphasize again the clear mandate of Garcia that even if a sentencing departure is agreed to in a plea bargain, a defendant cannot waive the requirement that the trial court must set out proper reasons for the departure …
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| No. CX-91-163 |
Minn. Ct. App. |
1991-11-19 |
Denied
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State v. LaDoucer
|
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… ntence from the severity level presumptive sentence for a particular offense, a sentencing departure does not affect the severity level of the offense. See Minn.Sent.Guidelines II.D. (trial court may depart from presumptive sentence and sta …
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| C4-90-1010 |
Minn. |
1991-08-02 |
Stayed
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State v. Rasinski
|
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… use and disregard for its effects is a valid factor to consider for purposes of sentencing departure). We also reject defendant’s claim that his lack of insurance was an improper consideration for departure. We agree with the trial court th …
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| C6-90-1882 |
Minn. Ct. App. |
1991-07-09 |
Denied
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State v. Barsness
|
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… discretion in its evidentiary rulings ,and jury instructions on this issue. 4- Sentencing departure The trial court, following a lengthy evidentiary hearing on Barsness’ motion for a sentencing departure, imposed a 180-month sentence for s …
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| C4-90-2609 |
Minn. Ct. App. |
1991-04-30 |
Denied
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State v. Yanez
|
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… l court to rely on the overall course of conduct as justification for an upward sentencing departure because the defendant denied that certain conduct occurred. Womack, 319 N.W.2d at 19 . He admitted to unlawful possession of a gun, but den …
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