# State v. Mesich

> Court of Appeals of Minnesota · November 10, 1986 · 396 N.W.2d 46

URL: https://www.frixlaw.com/law-library/cases/9884512

## Case

- **Full name:** STATE of Minnesota, Respondent, v. Victor Daniel MESICH, Appellant
- **Court:** Court of Appeals of Minnesota
- **Decided:** November 10, 1986
- **Citations:** 396 N.W.2d 46; 1986 Minn. App. LEXIS 4951
- **Precedential status:** Published
- **Opinion:** Dissent by Leslie
- **Judges:** Heard
- **Cited by:** 16 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9884512

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9884512. Public record. Not legal advice.