Legal Opinion
State v. Chauvin
Supreme Court of Minnesota
Decided October 26, 2006No. A05-726PublishedCited by 35 opinions
1Opinion of the Court
OPINION
HANSON, Justice.
On appeal from his conviction for felony theft by swindle, appellant Richard Raymond Chauvin challenges the district court’s double upward durational departure from the presumptive guideline sentence. Specifically, Chauvin argues that the district court did not have the authority to impanel a jury to make findings on aggravating sentencing factors. Chauvin also challenges the upward departure because it was based on an aggravating factor that did not appear in the complaint. We affirm.
On March 19, 2004, Chauvin waved down a car and asked the driver, 80-year-old D.E.,…
2Cases cited34 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Faretta v. CaliforniaSupreme Court of the United States · 1975
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Washington v. RecuencoSupreme Court of the United States · 2006
29 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- State v. MaugaotegaHawaii Supreme Court · 2007
- State v. KendellSupreme Court of Minnesota · 2006
- State of Minnesota v. Mahdi Hassan AliSupreme Court of Minnesota · 2014
- State v. M.D.T.Supreme Court of Minnesota · 2013
- Prentis Cordell Jackson v. State of MinnesotaSupreme Court of Minnesota · 2016
30 more not listed; retrieve them via the Exa API.