State v. Donnay

OPINION

SCHUMACHER, Judge.

The State of Minnesota appeals from a dispositional and durational sentencing departure by the district court in the criminal vehicular operation conviction of respondent Chad Paul Donnay. We affirm as modified.

FACTS

Donnay was driving his mother’s 1997 BMW sedan in the early morning hours of April 11, 1998. Paul Cunningham, Troy Eidem, and Daniel Terry were passengers in the vehicle. Donnay was driving the vehicle at a speed of 65-90 miles per hour on a road with a 25-mile-per-hour posted speed limit. He lost control and the vehicle left the ground for about 215 feet,…