Legal Opinion
State v. Simon
Supreme Court of Minnesota
Decided August 12, 1994No. C5-93-1161PublishedCited by 12 opinions
1Opinion of the Court
OPINION
GARDEBRING, Justice.
Defendant pleaded guilty to second degree assault, Minn.Stat. § 609.222 (1992), and was sentenced by the trial court to 72 months in prison, double the presumptive sentence for the offense when committed by a person with no criminal history. The trial court based the departure on the fact that the assault resulted in the infliction of “substantial bodily harm” on the victim. The court of appeals, in an unpublished opinion, affirmed. Because we conclude that the departure was inappropriate, we reduce defendant’s sentence to 36 months, the presumptive sentence.
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2Cases cited5 opinions
- State v. CoxSupreme Court of Minnesota · 1984
- State v. WomackSupreme Court of Minnesota · 1982
- State v. GivensSupreme Court of Minnesota · 1983
- State v. KischSupreme Court of Minnesota · 1984
- State v. GistSupreme Court of Minnesota · 1984
3Cited by12 opinions
- Taylor v. StateSupreme Court of Minnesota · 2003
- State v. JacksonSupreme Court of Minnesota · 2008
- State v. SpainSupreme Court of Minnesota · 1999
- Dillon v. StateCourt of Appeals of Minnesota · 2010
- State v. HahnCourt of Appeals of Minnesota · 2011
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