State v. Rushton
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State v. Rushton
Opinion of the Court
OPINION
Appellant challenges his sentence, arguing that the minimum term of imprisonment imposed in conjunction with his life sentence is an upward departure from the sentencing guidelines that required the district court to articulate a valid basis for the departure. We affirm in part, reverse in part, and remand.
FACTS
On April 18, 2011, the Clay County grand jury returned an indictment against appellant Eugene Lee Rushton, charging him with two counts of first-degree criminal sexual conduct and two counts of second-degree criminal sexual conduct. Minn.Stat. §§ 609.342, subd. 1(b), (g), 609.343, subd. 1(b), (g) (2010). The grand jury also alleged that Rushton’s conduct meets the requirements for a mandatory life sentence for certain repeat sex offenders. Minn.Stat. § 609.3455, subd. 4(a)(1).
The following month, Rushton pleaded guilty to one count of first-degree criminal sexual conduct, a violation of Minn.Stat. § 609.342, subd. 1(b).
ISSUE
Did the district court err by setting a minimum term of imprisonment that is longer than the presumptive sentencing-guidelines range?
ANALYSIS
Rushton argues that, when imposing the life sentence, the district court erred by setting the minimum term of imprisonment above the presumptive sentencing-guidelines range. Rushtoris argument presents an issue of statutory interpretation, which, as a question of law, we review de novo. State v. Hodges, 784 N.W.2d 827, 830 (Minn. 2009).
Under Minnesota law, if a person with two prior sex-offense convictions is convicted of first-degree criminal sexual conduct, the offender is subject to a mandatory life sentence. Minn.Stat. § 609.3455, subd. 4(a)(1). When imposing the life sentence, the district court “shall specify a minimum term of imprisonment, based on the sentencing guidelines or any applicable mandatory minimum sentence, that must be served before the offender may be considered for supervised release.” Minn.Stat. § 609.3455, subd. 5 (2010). The minimum term of imprisonment is determined by “using the procedures that would have been used to sentence the defendant in the absence of the mandatory life sentence found in [Minn.Stat. § 609.3455, subd. 4(a)(1) ] — that is, by reference to any applicable mandatory minimum sentence or the sentencing guidelines.” Hodges, 784 N.W.2d at 833. A minimum term of imprisonment that departs from any applicable mandatory minimum sentence or the sentencing guidelines is an upward departure. Id.
When a district court imposes an upward departure, it must articulate a substantial and compelling reason for doing so. State v. Schmit, 601 N.W.2d 896, 898 (Minn. 1999). “Substantial and compelling” reasons are those that establish that the defendant’s conduct was significantly more or less serious than that typically involved in the offense at issue. State v. Edwards, 774 N.W.2d 596, 601 (Minn. 2009). The presence of a single aggravating factor is sufficient to uphold an upward departure. See State v. O’Brien, 369 N.W.2d 525, 527 (Minn. 1985). But “a plea agreement— standing alone — is not a sufficient basis to depart from the sentencing guidelines.” State v. Misquadace, 644 N.W.2d 65, 72 (Minn. 2002).
In light of this conclusion, we consider whether the district court articulated a substantial and compelling reason to justify the sentencing departure. Our careful review of the record establishes that the district court did not consider whether Rushton’s 300-month minimum term of imprisonment is a sentencing-guidelines departure; thus, no reasons for this departure were stated on the record.
DECISION
When imposing a life sentence pursuant to MinmStat. § 609.3455, subd. 4, the district court departed from the sentencing guidelines by setting a minimum term of imprisonment of 300 months, which exceeds the duration of the presumptive sentencing-guidelines range of 153 to 216 months. Because the district court did not articulate a reason for the sentencing departure, we affirm the life sentence but reverse the minimum term of imprisonment imposed and remand for resentenc-ing in accordance with this decision.
Affirmed in part, reversed in part, and remanded.
. Minn.Stat. § 609.342, subd. 1(b), provides: A person who engages in sexual penetration with another person ... is guilty of criminal sexual conduct in the first degree if ... the complainant is at least 13 years of age but less than 16 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant. Neither mistake as to the complainant’s age nor consent to the act by the complainant is a defense.
. This calculation is based on Rushton's criminal-history-score of 3 and the crime of first-degree criminal sexual conduct.
. The district court correctly concluded that Rushton’s life sentence is not a sentencing-guidelines departure. The district court also observed that, if the life sentence were a departure, it would be justified by Rushton's two prior sex-offense convictions. Because Minn. Stat. § 609.3455, subd. 4(a)(1), requires two prior sex-offense convictions to override the statutory maximum penalty and impose a life sentence, Rushton's two prior sex-offense convictions would not provide a valid basis for departing from the sentencing guidelines. See Edwards, 774 N.W.2d at 601-02 (stating that district court may not base an upward departure on facts that, "while not necessary to satisfy the elements of the offense in question, were nonetheless contemplated by the legislature when it set the punishment for the offense being sentenced”).
.Although the district court sentenced Rush-ton in accordance with a plea agreement, a plea agreement "standing alone” does not justify a sentencing departure. Misquadace, 644 N.W.2d at 71; see also State v. Petersen, 799 N.W.2d 653, 659 (Minn.App. 2011) (applying Misquadace), review denied (Minn. Sept. 28, 2011). Rather, when a plea agreement includes a sentencing departure, the district court "must determine whether the offense of conviction reflects any aggravating or mitigating circumstances that warrant a departure.”
Reference
- Full Case Name
- STATE of Minnesota v. Eugene Lee RUSHTON
- Cited By
- 4 cases
- Status
- Published