State v. Gilbertson

SIMONETT, Justice.

Because the imposition of a long probationary jail term “may, in effect, constitute a de facto departure from the presumptive sentence established by the Sentencing Guidelines,” State v. Randolph, 316 N.W.2d 508, 510 (Minn.1982), we held in State v. Wilwert, 317 N.W.2d 346, 347 (Minn.1982), that the total amount of probationary jail time a defendant may be required to serve generally cannot exceed two-thirds of the presumptive prison sentence duration under the Sentencing Guidelines.

In the instant case, as the court of appeals correctly noted, the trial court’s corrected…