Legal Opinion
State v. Fairbanks
Court of Appeals of Minnesota
Decided November 2, 2004No. A04-983PublishedCited by 11 opinions
1Opinion of the Court
OPINION
LANSING, Judge.
On remand following appeal, the district court reduced Bruce Fairbanks’s kidnapping sentence from 480 months to 240 months, but ordered that he serve it consecutively to his 240-month assault sentence. Fairbanks appeals, contending that the combined upward durational departure and consecutive sentence is not supported by severe aggravating circumstances and that the sentence is constitutionally invalid under Blakely v. Washington, — U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). We vacate the sentence and remand for proceedings consistent with Blakely.
FACTS
Bruce…
2Cases cited9 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- O'MEARA v. StateSupreme Court of Minnesota · 2004
- State v. LejaSupreme Court of Minnesota · 2004
- State v. CongerCourt of Appeals of Minnesota · 2004
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. BellSupreme Court of Connecticut · 2007
- State v. KendellSupreme Court of Minnesota · 2006
- State v. WardCourt of Appeals of Arizona · 2005
- People v. JohnsonColorado Court of Appeals · 2005
- State v. SenskeCourt of Appeals of Minnesota · 2005
6 more not listed; retrieve them via the Exa API.