State v. Misquadace

I respectfully dissent. I agree that written findings on guidelines departures help assure uniformity in sentencing, but I cannot agree that the holding of Givens is dictum that this court can disregard. Neither can I discern legislative intent to overrule Givens in the legislature’s subsequent amendment to the sentencing guidelines.

The supreme court in Givens held that a defendant may waive his right to be sentenced under the guidelines and, therefore, may agree to a departure as part of a plea agreement. 544 N.W.2d at 777. That holding resolved a recurring issue — namely, whether a plea…