Legal Opinion

State v. Rushton

Court of Appeals of Minnesota

Decided September 17, 2012No. A11-1734PublishedCited by 2 opinions

1Opinion of the Court

OPINION

WRIGHT, Judge.

Appellant challenges his sentence, arguing that the minimum term of imprisonment imposed in conjunction with his life sentence is an upward departure from the sentencing guidelines that required the district court to articulate a valid basis for the departure. We affirm in part, reverse in part, and remand.

FACTS

On April 18, 2011, the Clay County grand jury returned an indictment against appellant Eugene Lee Rushton, charging him with two counts of first-degree criminal sexual conduct and two counts of second-degree criminal sexual conduct. Minn.Stat. §§ 609.342, subd.…

2Cases cited7 opinions

  1. State v. MisquadaceSupreme Court of Minnesota · 2002
  2. State v. EdwardsSupreme Court of Minnesota · 2009
  3. State v. GellerSupreme Court of Minnesota · 2003
  4. State v. SchmitSupreme Court of Minnesota · 1999
  5. State v. O'BRIENSupreme Court of Minnesota · 1985

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Eugene Lee Rushton v. State of MinnesotaSupreme Court of Minnesota · 2017
  2. State of Minnesota v. Jermaine Octavious StansberryCourt of Appeals of Minnesota · 2014

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