Jackson v. State

AMDAHL, Chief Justice.

This is a sentencing appeal that comes to this court not directly but by way of appeal from the denial of postconviction relief. Unlike most of the appeals that we have had from the denial of postconviction relief, this one, like Davis v. State, 324 N.W.2d 802 (1982), is not by a petitioner seeking retroactive application of the Sentencing Guidelines but by a petitioner who committed his crime after May 1, 1980, and was sentenced pursuant to the Sentencing Guidelines. The issue is whether a dispositional and a durational departure were justified. We hold that a…