Sentencing – Downward Dispositional Departures

Following his conviction of one count of second-degree criminal sexual conduct, appellant argued that the District Court abused its discretion by denying his motion for a downward dispositional departure when there were substantial and compelling circumstances warranting probation. The Court of Appeals held that, because the District Court considered the evidence and arguments presented at sentencing and acted within its discretion when it imposed the presumptive sentence, it would not disturb appellant’s sentence. Affirmed.

A13-0712 State v. Hebert (Steele County)

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