State v. Glaraton

KELLEY, Justice.

This appeal presents the issue whether the court of appeals erred when it vacated a 240-month sentence following respondent’s conviction of criminal sexual conduct in the first degree. The original sentence imposed by the trial court represented a departure slightly more than four times the maximum presumptive sentence duration provided in the Minnesota Sentencing Guidelines (58 months when offense was committed by one having a criminal history of 1). We hold the court of appeals properly affirmed the respondent’s conviction; but we hold it erred in ruling that the departure…