State v. Schmit

AMDAHL, Chief Justice.

This is an appeal by a criminal defendant, pursuant to Minn.Stat. § 244.11 (1982), from a durational sentencing departure.

Defendant was charged by indictment with first-degree murder in the shooting death of his wife, but a district court jury found him guilty only of first-degree heat-of-passion manslaughter. The presumptive sentence for this offense (severity level VIII) by a person with defendant’s criminal history score (zero) normally would be 43 (41-45) months in prison. However, because a firearm was used, the presumptive sentence was 54 months in prison pursuant…