| C6-90-974 |
Minn. Ct. App. |
1990-10-23 |
Reinstated
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State v. Pieri
|
|
… the Garcia court, a defendant cannot “waive” the requirement that reasons for a sentencing departure be given on the record. Garcia, 302 N.W.2d at 647 . Thus, this court has refused to allow sentencing departures even when the defendant agr …
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| CX-89-1328 |
Minn. Ct. App. |
1990-05-08 |
Denied
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State v. Brown
|
|
… ppellant also alleges that the jury verdict is inconsistent and that his upward sentencing departure was an abuse of the trial court’s discretion. We affirm. FACTS For approximately a year prior to February 1988, appellant Gary Lee Brown an …
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| C9-89-1885 |
Minn. Ct. App. |
1990-05-01 |
Denied
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State v. Synnes
|
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… sentencing. The prosecutor provided the court with a memorandum in support of a sentencing departure which listed four reasons he claimed justified departure. The record does not indicate, however, that the trial court adopted these reasons …
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| C6-89-791 |
Minn. Ct. App. |
1990-03-22 |
Dismissed
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State v. Sanford
|
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… er victims constitutes particular cruelty and justifies imposition of an upward sentencing departure. See, e.g., State v. Kisch, 346 N.W.2d 130, 133 (Minn.1984). Given these aggravating factors, it would not be an abuse of discretion to imp …
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| CX-89-1054 |
Minn. Ct. App. |
1990-01-30 |
Reversed
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State v. Jones
|
|
… ences in regard to the crime allegedly committed against Ms. Bush constituted a sentencing departure. Under sentencing guideline II.F: When an offender is convicted of multiple current offenses, * * * concurrent sentences shall be given in …
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| C3-89-988 |
Minn. Ct. App. |
1990-01-30 |
Stayed
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State v. Skinner
|
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… as in a position of authority over her at the time of the incident. We find the sentencing departure justified by the factors relied upon by the trial court. DECISION Affirmed. …
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| C8-89-470 |
Minn. Ct. App. |
1990-01-02 |
Denied
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State v. Hysell
|
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… evidence, jury instructions, and the trial court’s refusal to impose a downward sentencing departure. We affirm. FACTS In 1987, Gerald Hysell and Patricia Elwood shared an apartment. Elwood’s 12-year-old daughter, Brenda, lived with them. G …
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| C8-89-730 |
Minn. Ct. App. |
1989-08-22 |
Affirmed
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State v. Dalsen
|
|
… l sexual conduct and sentenced to 108 months imprisonment, a double du-rational sentencing departure. On appeal Dalsen contests the basis for the departure. We affirm the sentence. FACTS J.B., a friend of Paul Dalsen’s wife, made arrangemen …
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| No. C8-88-636 |
Minn. |
1989-03-17 |
Granted
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State v. Lomax
|
|
… r review in this case for the limited purpose of considering the propriety of a sentencing departure of greater than two times the presumptive sentence duration. 1 Defendant stands convicted of burglary in the • first degree, Minn.Stat. § 6 …
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| C7-88-2040 |
Minn. Ct. App. |
1988-11-08 |
Denied
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State v. Schanus
|
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… e filed a notice of review after the time for appeal had expired, challenging a sentencing departure. Schanus moved to dismiss the notice of review and the state did not respond. DECISION The state may appeal from a sentence “according to t …
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| C9-87-893 |
Minn. |
1988-07-15 |
Vacated
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State v. Glaraton
|
|
… el correctly affirmed respondent’s conviction, but that it erred in holding the sentencing departure to be excessive. Therefore, we reverse and reinstate the sentence imposed by the trial court. 1 . Relevant cases in which we have upheld gr …
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| C2-88-194 |
Minn. Ct. App. |
1988-06-07 |
Stayed
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State v. Carter
|
|
… he sentencing guidelines? ANALYSIS Key to the resolution of this appeal are the sentencing departure rules prospectively adopted by the Minnesota Supreme Court in Williams v. State, 361 N.W.2d 840 (Minn.1985): 1. If no reasons for departure …
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| C1-87-824 |
Minn. Ct. App. |
1988-03-01 |
Denied
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State v. Dick
|
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… ch may have supported submission of a manslaughter charge, but did not compel a sentencing departure. While we might express some disagreement with the court’s refusal to depart, this is not the rare case justifying reversal of a presumptiv …
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| No. CX-87-1566 |
Minn. Ct. App. |
1988-02-16 |
Granted
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State v. Doherty
|
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… will not be fatal where the record sets forth the trial court’s reasons for the sentencing departure. Id. at 844 . There, the supreme court adopted rules to ensure compliance with the guidelines in cases where no departure report is filed b …
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| C2-87-136 |
Minn. Ct. App. |
1987-11-03 |
Denied
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State v. Thompson
|
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… ust defer to jury’s opportunity to assess the credibility of the witnesses). 5. Sentencing departure Thompson contends the consecutive sentence for the aggravated robbery conviction was an improper departure from the guidelines because the …
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| C3-87-78 |
Minn. Ct. App. |
1987-11-03 |
Stayed
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State v. Patton
|
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… ith a dangerous weapon.) The state has filed a notice of review challenging the sentencing departure. We affirm. FACTS Appellant Melreese Patton was charged with two counts of second-degree assault following an incident in which he allegedl …
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| No. C8-87-299 |
Minn. Ct. App. |
1987-10-06 |
Denied
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State v. Magee
|
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… groundwork for a claim of incompetency. Prior to sentencing, the state sought a sentencing departure based on: (1) vulnerability of the victim due to intoxication; (2) particular cruelty; and (3) injury to the victim with a prior offense (m …
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| C5-87-387 |
Minn. Ct. App. |
1987-08-19 |
Stayed
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State v. Gunderson
|
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… time of sentencing, no departure will be allowed.” Id. This court has reversed sentencing departures under Williams even where a sentencing departure report was eventually filed, but not filed within the 60-day period recommended by the su …
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| C1-86-2062 |
Minn. Ct. App. |
1987-05-12 |
Denied
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State v. Steinhaus
|
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… e of our finding of unusually compelling circumstances justifying over a double sentencing departure, and because the 120 month sentences were only 2.8 times the 43 month guidelines term calculated without criminal history points, we need n …
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| C6-86-1327 |
Minn. Ct. App. |
1987-05-05 |
Dismissed
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State v. Wickstrom
|
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… se relieving Wickstrom of responsibility for the death of the fetus? 5. Was the sentencing departure an abuse of discretion? ANALYSIS 1. Amending the indictment Wickstrom contends the trial court abused its discretion by allowing the prosec …
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| C1-86-974 |
Minn. Ct. App. |
1987-01-20 |
Denied
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State v. Strodtman
|
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… err by refusing to permit respondent to introduce certain evidence? ANALYSIS I. Sentencing Departure Appellant complains that the twenty-one month executed sentence imposed for aiding and abetting second degree arson in violation of Minn.St …
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| C6-86-906 |
Minn. Ct. App. |
1987-01-16 |
Reversed
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State v. Srey
|
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… stitutes a major economic offense. Such crimes, if proved, might well support a sentencing departure. The issue presented in this case is whether the sentencing court abused its discretion when it considered numerous other checks allegedly …
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| C5-86-1593 |
Minn. Ct. App. |
1986-12-16 |
Stayed
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State v. Harstad
|
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… y responsibility- Under these circumstances, we affirm the trial court’s upward sentencing departure of eight months as being well within the proper exercise of its discretion. See State v. Wittig, 343 N.W.2d 711 (Minn.Ct.App.1984) (upward …
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| C4-85-2319 |
Minn. Ct. App. |
1986-10-07 |
Denied
|
State v. Mitjans
|
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… y a police officer, mistranslation of trial testimony, jury instructions, and a sentencing departure. We reverse the convictions due to the cumulative impact of trial errors and remand for trial. FACTS On February 27,1985, following an argu …
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| C6-86-251 |
Minn. Ct. App. |
1986-09-09 |
Denied
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Garasha v. State
|
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… d. 1 . Another alleged error — that trial counsel failed to move for a downward sentencing departure, and appellate counsel failed to argue it on appeal — misstates the record. Trial counsel did request a downward departure. See T. at 1330- …
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| C6-86-372 |
Minn. Ct. App. |
1986-08-26 |
Denied
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State v. Casady
|
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… 344 N.W.2d at 389 . Based on these facts, we cannot say that the trial court’s sentencing departure was a clear abuse of discretion. DECISION The evidence is sufficient to sustain the jury’s verdict. The admission of Spreigl evidence was n …
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| No. CX-86-939 |
Minn. Ct. App. |
1986-08-26 |
Affirmed
|
State v. Butenhoff
|
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… retion in denying his request for a downward departure. If reasons supporting a sentencing departure are stated by the sentencing judge, a reviewing court examines the record to determine if the reasons given justify the departure. Williams …
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| C9-86-9 |
Minn. Ct. App. |
1986-07-22 |
Stayed
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State v. Johnston
|
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… Bates’ household as is normally the case when this factor is used to justify a sentencing departure. See, e.g., Back, 341 N.W.2d at 277 ; State v. Van Garden, 326 N.W.2d 633, 635 (Minn.1982). Excluding factors (2) and (4), the trial court …
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| C4-86-189 |
Minn. Ct. App. |
1986-06-03 |
Denied
|
State v. Robinson
|
|
… nn. Stat. § 609.342 , subd. l(h)(v) (Supp.1985)). Such factors cannot support a sentencing departure. See State v. Brusven, 327 N.W.2d 591, 593-94 (Minn.1982). The vulnerability of a victim “due to age, infirmity, or reduced physical or men …
|
| CX-85-1319 |
Minn. Ct. App. |
1986-04-18 |
Granted
|
State v. Hodges
|
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… robbery. 1 At sentencing, the trial court granted the State’s *179 motion for a sentencing departure and sentenced appellant to an aggravated term of imprisonment of 238 months, twice the presumptive sentence, for the conviction of second d …
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| C6-85-1687 |
Minn. Ct. App. |
1986-04-15 |
Denied
|
State v. Lewis
|
|
… vacate his second degree arson conviction; and (3) the trial court’s durational sentencing departure. We affirm in part, vacate in part and remand. FACTS Lewis’ convictions arise out of a fire that occurred on January 6, 1985, in an apartme …
|
| C2-85-1184 |
Minn. Ct. App. |
1986-02-04 |
Denied
|
State v. Quast
|
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… , that he was denied a fair trial, and that there were compelling reasons for a sentencing departure. We affirm. FACTS On November 30, 1984, two police officers observed appellant and his accomplice enter an apartment building. Over the nex …
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| C9-85-1294 |
Minn. Ct. App. |
1986-02-04 |
Denied
|
State v. Jones
|
|
… the trial court abused its discretion in denying his motion for a dispositional sentencing departure. We affirm. FACTS Appellant, age 34, and B.A., age 30, had known each other since childhood. The two began dating in November 1984 and were …
|
| CO-85-602 |
Minn. Ct. App. |
1986-01-14 |
Denied
|
State v. Edwards
|
|
… here were not substantial and compelling circumstances that justified an upward sentencing departure. We affirm but modify the sentence. FACTS Appellant was charged with numerous crimes against four victims that took place over a four-day p …
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| C4-85-1414 |
Minn. Ct. App. |
1986-01-07 |
Denied
|
State v. Pendzimas
|
|
… dead. ISSUE May this court consider an untimely departure report in reviewing a sentencing departure when no reasons for departure were stated on the record at the time of sentencing? DISCUSSION Pendzimas notes correctly that the trial cour …
|
| C6-85-507 |
Minn. |
1985-07-26 |
Granted
|
State v. Thomas
|
|
… kson v. State, 329 N.W.2d 66 (Minn.1983) (holding that a defendant may attack a sentencing departure in a postconviction proceeding). The appeal in this ease is an appeal from the judgment of conviction. The fact that the brief filed in the …
|
| No. C1-85-866 |
Minn. Ct. App. |
1985-07-09 |
Stayed
|
State v. Cameron
|
|
… chological problems. ISSUE Did the trial court err in refusing a dis-positional sentencing departure? DECISION If the trial court finds an offense involves “substantial and compelling circumstances,” it has authority to depart from a presum …
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| C3-84-1846 |
Minn. Ct. App. |
1985-07-02 |
Affirmed
|
State v. Anderson
|
|
… onviction was not supported by sufficient evidence and that a double durational sentencing departure was unjustified. We affirm. FACTS Appellant lived with Kelly Matthews and her three young daughters in Minneapolis. Their relationship was …
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| C1-84-1473 |
Minn. Ct. App. |
1985-06-04 |
Denied
|
State v. Pierson
|
|
… OPINION RANDALL, Judge. Appellant Augusta Pierson appeals from a durational sentencing departure of over three times the presumptive sentence for burglary in the first degree. Appellant urges that the trial judge erred by failing to disqual …
|
| C5-84-973 |
Minn. Ct. App. |
1985-04-02 |
Denied
|
State v. O'BRIEN
|
|
… cases where vulnerability due to age and/or reduced capacity was a factor in a sentencing departure, 15 years is not considered significantly young. See, e.g., State v. Norton, 328 N.W.2d 142 (Minn.1982) (age 5 years); State v. Partlow, 32 …
|
| No. CX-84-1326 |
Minn. Ct. App. |
1985-03-12 |
Denied
|
State v. Kennedy
|
|
… ction. The court did not err in admitting Spreigl evidence. The 34 month upward sentencing departure was justified. Affirmed. . Billy Kennedy pleaded guilty to one count aggravated robbery, one count assault second degree and three counts o …
|
| C9-84-345 |
Minn. |
1985-03-01 |
Denied
|
State v. Winchell
|
|
… ate v. Winchell, 352 N.W.2d 447 (Minn.App.1984), reversing an upward durational sentencing departure in an aggravated robbery case. We reverse the Court of Appeals and reinstate the sentence that the trial court originally imposed. On Octob …
|
| C7-84-1848 |
Minn. Ct. App. |
1985-02-19 |
Stayed
|
State v. Chapman
|
|
… esumptive sentence. Section II.D. It is not necessary to reach the issue of the sentencing departure, since a new sentencing hearing will be required. However, in case of a plea agreement or conviction on remand, the trial court should prov …
|
| C0-84-10 |
Minn. |
1985-02-08 |
Affirmed
|
Williams v. State
|
|
… ' sentence is required, but reverse its determination as to the validity of the sentencing departure under the facts of this case. We also prospectively adopt rules concerning departure reports. This case was previously before us. See State …
|
| C7-84-960 |
Minn. Ct. App. |
1984-12-24 |
Denied
|
State v. Johnson
|
|
… nduct? 3. Was appellant denied effective assistance of counsel? *701 4. Was the sentencing departure justified by substantial and compelling circumstances? ANALYSIS I. Appellant’s claim that the evidence was insufficient is without merit. I …
|
| C3-84-907 |
Minn. Ct. App. |
1984-11-27 |
Affirmed
|
State v. Pince
|
|
… negotiated plea on the sentence to be imposed may not be relied on to justify a sentencing departure. Id. at 647 . As Chief Justice Sheran said in Garcia , “only the court, acting in accordance with the Guidelines, and not the parties, has …
|
| C7-83-1676 |
Minn. |
1984-11-02 |
Granted
|
State v. Pickett
|
|
… ment not to charge him or prosecute him for the others and not to recommend any sentencing departure. The sentencing worksheet used the Hernandez method of figuring the presumptive sentences. See State v. Hernandez, 311 N.W.2d 478 (Minn.198 …
|
| C7-82-1635, C7-83-88 and C1-83-250 |
Minn. |
1984-06-29 |
Vacated
|
Ture v. State
|
|
… old the trial court. B. Defendant's second contention relates to the durational sentencing departure. At the time defendant was sentenced, he had a criminal history score of two. Criminal sexual conduct in the first degree is a severity lev …
|
| C2-83-1942 |
Minn. Ct. App. |
1984-05-08 |
Affirmed
|
State v. Rathbun
|
|
… the sentence, claiming that no clear and compelling reasons existed for such a sentencing departure. Both vulnerability of the victim and cruelty are listed reasons for an upward departure in sentencing. Minnesota Sentencing Guidelines and …
|
| C9-82-1507 |
Minn. |
1984-02-17 |
Reversed and remanded
|
State v. Wiplinger
|
|
… of the kidnapping charge and a promise by the prosecutor not to seek an upward sentencing departure. The victim was the first witness at trial. She positively identified defendant and testified that she had identified him at the lineup. De …
|