Legal Opinion

State v. Misquadace

Court of Appeals of Minnesota

Decided July 10, 2001No. C4-01-81PublishedCited by 12 opinions

1Opinion of the Court

OPINION

GORDON W. SHUMAKER, Judge.

In accordance with a plea agreement, the district court departed from the presumptive guidelines sentences, giving as the sole reason for the departure the appellant’s agreement. As to two of several sentences, appellant contends that the departures lacked substantial and compelling support. Because we hold that all departures from presumptive sentences, even those in plea bargains, must be supported by substantial and compelling reasons, we reverse the challenged sentences and remand to the district court.

FACTS

Alleging that Keith Edward Misquadace committed…

2Cases cited9 opinions

  1. Williams v. StateSupreme Court of Minnesota · 1985
  2. State v. GouletteSupreme Court of Minnesota · 1977
  3. State v. GivensSupreme Court of Minnesota · 1996
  4. State v. WestSupreme Court of Minnesota · 1969
  5. State v. NeumannSupreme Court of Minnesota · 1978

4 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. State v. MisquadaceSupreme Court of Minnesota · 2002
  2. State v. LewisSupreme Court of Minnesota · 2003
  3. State v. MeredykCourt of Appeals of Minnesota · 2008
  4. State v. MonterminiCourt of Appeals of Minnesota · 2012
  5. State of Minnesota v. Martin David Hutchins, Jr.Court of Appeals of Minnesota · 2014

7 more not listed; retrieve them via the Exa API.

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