Legal Opinion
State v. Vance
Supreme Court of Minnesota
Decided May 21, 2009No. A06-2130PublishedCited by 20 opinions
1Opinion of the Court
OPINION
MEYER, Justice.
At appellant Elton Perez Vance’s Blakely trial, the jury found the existence of three aggravating factors: (1) multiple forms of penetration; (2) the presence of children; and (3) particular cruelty. The issue in this case is whether at the Blakely trial the district court’s jury instruction materially misstated the law regarding the presence-of-children sentencing factor. We conclude that the instruction was erroneous, but we affirm the sentence.
On April 28, 2003, a jury found Vance guilty on three counts of first-degree criminal sexual conduct, one count of…
2Cases cited14 opinions
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Koon v. United StatesSupreme Court of the United States · 1996
- Richardson v. United StatesSupreme Court of the United States · 1999
- State v. MisquadaceSupreme Court of Minnesota · 2002
- State v. MahkukSupreme Court of Minnesota · 2007
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. KoppiSupreme Court of Minnesota · 2011
- State v. MatthewsSupreme Court of Minnesota · 2010
- Dillon v. StateCourt of Appeals of Minnesota · 2010
- State v. LarsonSupreme Court of Minnesota · 2010
- State v. RobideauSupreme Court of Minnesota · 2011
15 more not listed; retrieve them via the Exa API.