State v. Pierson

OPINION

RANDALL, Judge.

Appellant Augusta Pierson appeals from a durational sentencing departure of over three times the presumptive sentence for burglary in the first degree. Appellant urges that the trial judge erred by failing to disqualify himself after demonstrating apparent and actual bias in favor of an upward departure. Appellant also argues that the facts did not justify a triple departure. We affirm the upward departure, but modify it to a double departure only.

FACTS

At approximately 9:00 p.m. on February 20, 1984, appellant broke into the South Minneapolis home of Helen Swanson and…