State v. Deschampe

AMDAHL, Chief Justice.

This is a sentencing appeal raising two issues: whether there were aggravating circumstances justifying a durational departure of less than two times the presumptive sentence and whether the trial court erred in refusing to give defendant credit for nights spent in jail as a condition of his release while awaiting trial.

At 4 a.m. on Sunday, December 20, 1981, the defendant, who was drunk, knocked on the door of a van parked near the Grand Portage Monument in Grand Portage, which is several miles from the Canadian border. Falsely claiming that he was ill and needed help,…