State v. Gross

I must respectfully dissent.

I concur with the majority opinion that under the Minnesota Sentencing Guidelines defendant’s long criminal history and his previous record of failures on probation are not grounds to be considered by a trial judge in making a durational departure at the time of sentencing. However, in my view, I cannot distinguish the durational departure in this case from those approved by this court in State v. Rott, 318 N.W.2d 574 (Minn.1981), and in State v. Brigger, 316 N.W.2d 512 (Minn.1982). In both of those eases, the charges arose out of theft by check or by forgery. The…