Tucker v. State

Although I join in the reasoning and analysis of the court’s opinion authored by Justice Stras as it relates to the inapplicability of the aggravating factor of particular cruelty to this case, I write separately because I believe Tucker’s upward departure fails for a more fundamental reason: Tucker’s failure to aid Garley constituted an uncharged offense and thus is an invalid ground for any upward departure.

Under the Minnesota Sentencing Guidelines, a district court may depart from the presumptive sentence only by “disclos[ing] in writing or on the record the particular substantial and…