upholding imposition of maximum sentence of 240 months for criminal sexual conduct in the first degree, a sentence nearly 5.5 times the maximum presumptive sentence duration in that case
How later courts described this case
- upholding imposition of maximum sentence of 240 months for criminal sexual conduct in the first degree, a sentence nearly 5.5 times the maximum presumptive sentence duration in that case
- upholding a more-than-double durational departure for first-degree criminal sexual assault that included “six different acts of sexual abuse, including various types of penetration”
- the maximum sentence for criminal sexual conduct in the first degree, nearly 5.5 times the presumptive sentence, was affirmed
- taunts, threats, and degradation of victim constituted emotional abuse that distinguished offense from typical assault
Written by the judges who cited it.
The opinion
LESLIE, Judge
(dissenting).
I respectfully dissent. I share the view of the majority that this is a case that justifies a departure from the guidelines. I am also satisfied that the egregious facts of this case makes this that rare case justifying more than a double departure. It is important, however, that some limit be established above which a trial court cannot go. I would establish a triple departure as an absolute limit which this court would approve until expressly authorized to the contrary by the supreme court, the Sentencing Guidelines Commission or the legislature. Otherwise, disparity will be the order of the day, the guidelines will become meaningless, and we can return to indeterminate sentencing.