Minnesota Lawyer
The state challenged the District Court’s imposition of a gross-misdemeanor sentence that was one day shorter than the presumptive felony sentence, arguing that this constituted a durational departure that the District Court did not justify with sufficient offense-related findings. The Court of Appeals concluded that the District Court improperly relied upon offender-related factors when granting a durational departure. Reversed and remanded.
A15-0309 State v. Alwin (Ramsey County)
