Opinion

State v. Mesich

  • 396 N.W.2d 46
  • 1986 Minn. App. LEXIS 4951
Court
Court of Appeals of Minnesota
Filed
Nov 10, 1986
Status
Published
Author
Forsberg
On the bench
Heard
Cited by
16 cases

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

FORSBERG, Judge

(dissenting).

I join in the dissent of Judge Leslie. What is particularly bothersome in these “extraordinary” departures is the “trivializing” of the criminal history points.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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