State v. Givens

OPINION

GARDEBRING, Justice.

This is a sentencing appeal by the state which addresses two issues: whether there exist appropriate aggravating factors to support a durational departure in sentencing and whether a criminal defendant may waive the right to be sentenced under the Minnesota Sentencing Guidelines. 1 We hold that suffi- eient aggravating factors exist to support the upward departure and further, that a criminal defendant may knowingly, intelligently, and voluntarily waive his right to be sentenced under the guidelines.

The facts of the crime at issue are uncontested. Respondent entered…