Minnesota Appellate Opinions

Published opinions of the Minnesota Supreme Court and Court of Appeals, collated from public records. 363 opinions matched; showing 351–363.

Filtering by: “sentencing departure” Full archive · 1930–present Limit to last 10 years Clear ×
Docket Court Filed Disposition Case
C1-82-1629 Minn. 1984-01-06 Stayed State v. Haase
… er Minn. Stat. § 609.04 to adjudicate him guilty of both offenses, and that the sentencing departure was improper. 1 We affirm. It would serve no useful purpose to summarize the evidence on which defendant’s convictions were based. It is su …
C4-81-562 Minn. 1983-08-26 Affirmed State v. Kindem
… representation of defendant by his trial counsel, and (9) the propriety of the sentencing departure. We affirm. The victim, Mr. Hoffman, owned three service stations. The closings of the stations were staggered so as to allow Hoffman to pi …
C0-83-143 Minn. 1983-08-26 Affirmed State v. King
… AMDAHL, Chief Justice. This is an appeal by the state from a dispositional sentencing departure in the form of a stay of execution of a presumptively executed prison term of 1 year and 1 day for the offense of attempted aggravated robbery. …
No. C7-82-1053 Minn. 1983-04-22 Affirmed State v. Boynton
… This is an appeal by the state, pursuant to Minn.Stat. § 244.11 (1982), from a sentencing departure by the district court in the form of a stay of imposition of sentence in a ease in which the Sentencing Guidelines recommend imposition and …
C2-82-196 Minn. 1983-04-15 Granted State v. Givens
… nexclusive list of aggravating factors to be considered in a decision to make a sentencing departure. Minnesota Sentencing Guidelines and Commentary, II.D.2(b) (1983). Three points must be made before analyzing the constitutional merit of d …
C6-82-1030 Minn. 1983-03-04 Stayed State v. Running
… *120 AMDAHL, Chief Justice. This is an appeal from a sentencing departure with respect to consecutive service. The state did not file a respondent’s brief. We hold that the record on appeal fails to establish the presence of aggravating cir …
C8-82-882 Minn. 1983-02-18 Stayed State v. Nelson
… y the state, pursuant to Minn.Stat. § 244.11 (1982), from a downward durational sentencing departure by the sentencing judge, who imposed an executed prison term of 1 year and 1 day in a case where the presumptive sentence established by th …
82-595 Minn. 1983-01-28 Dismissed State v. Schmit
… a criminal defendant, pursuant to Minn.Stat. § 244.11 (1982), from a durational sentencing departure. Defendant was charged by indictment with first-degree murder in the shooting death of his wife, but a district court jury found him guilty …
C3-82-921 Minn. 1983-01-28 Stayed Jackson v. State
… onal departures. The state argued then, as it does now, that the propriety of a sentencing departure can only be attacked on direct appeal. The trial court refused to dismiss the petition on this ground. In denying relief, the trial court r …
82-1051 Minn. 1983-01-21 Stayed State v. Clemmer
… This is an appeal by the state, pursuant to Minn.Stat. § 244.11 (1982), from a sentencing departure by the district court in the form of a stay of execution of sentence in a case in which the Minnesota Sentencing Guidelines recommend impos …
82-779 Minn. 1983-01-14 Stayed State v. Hennessy
… This is an appeal by the state, pursuant to Minn.Stat. § 244.11 (1980), from a sentencing departure by the district court in the form of a stay of imposition of sentence in a case in which the Sentencing Guidelines recommend execution of s …
81-767, 81-874 Minn. 1982-06-11 Denied State v. Carson
… the product of the violation of her right to counsel, and (4) propriety of the sentencing departure. We affirm. The robbery, which occurred on January 13,1981, was committed by two black women in their early thirties, one around 5 feet 10 …
81-585 Minn. 1981-12-11 Reversed State v. Erickson
… e v. Brouillette, 286 N.W.2d 702 (Minn.1979). 3. The third issue is whether the sentencing departure was justified. The parties agree on appeal that the presumptive sentence for the sex offense was 54 months. The presumptive sentence for th …