Legal Opinion

State v. Peake

Supreme Court of Minnesota

Decided April 26, 1985No. C5-84-1282PublishedCited by 27 opinions

1Opinion of the Court

YETKA, Justice.

Albert James Peake pled guilty to murder in the second degree. Peake’s criminal history score was two; the severity level of the offense was X. His presumptive sentence under the Minnesota Sentencing Guidelines was 153 to 171 months. The prosecution moved for an aggravation of the presumptive sentence to 240 months. The St. Louis County District Court partially granted the request by sentencing Peake to 180 months in prison. Peake appealed to the court of appeals, which reduced his sentence to 130 months. 355 N.W.2d 498. It refused to depart from the presumptive sentence under…

2Cases cited5 opinions

  1. State v. GarciaSupreme Court of Minnesota · 1981
  2. State v. BackSupreme Court of Minnesota · 1983
  3. State v. LindseySupreme Court of Minnesota · 1982
  4. State v. GrossSupreme Court of Minnesota · 1983
  5. State v. PeakeCourt of Appeals of Minnesota · 1984

3Cited by27 opinions

  1. Taylor v. StateSupreme Court of Minnesota · 2003
  2. Dillon v. StateCourt of Appeals of Minnesota · 2010
  3. State v. JohnsonCourt of Appeals of Minnesota · 2013
  4. State v. LoitzCourt of Appeals of Minnesota · 1985
  5. State v. O'BRIENSupreme Court of Minnesota · 1985

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