State v. Johnson
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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.
(as of 9/30/2026)
Last cited by a Minnesota appellate court in 1984, among the opinions in this site’s citation index. Amendment history from the Minnesota Revisor of Statutes. A later amendment does not necessarily affect this decision's analysis — check the current statute text.Cites Minnesota statutes amended since this decision
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Minnesota statutes cited
Sections of the Minnesota Statutes this opinion cites.
Cases that cite this one
3 later published cases cite this decision.
- State v. Cerceo (Minn. 1984)
- State v. Patricelli (Minn. 1984)
- State v. Lugo-Diaz (Minn. 1984)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The defendant was convicted after a jury trial on assault in the second degree, Minn. Stat. § 609.222 (1982) (assault with a dangerous weapon) and was sentenced to 54 months in prison, which was the Sentencing Guidelines equivalent of the minimum term of 3 years mandated by section 609.-II. 1 The issue on this appeal is whether the trial court erred in refusing to sentence defendant without regard to the mandatory minimum term law and place defendant on probation. See State v. Olson, 325 N.W.2d 13 (Minn. 1982). As in State v. Frost, 342 N.W.2d 317 (Minn. 1983), and State v. Abeyta, 336 N.W.2d 264 (Minn. 1983), we hold that the trial court did not abuse its discretion in refusing to depart dispositionally.
Affirmed.
. The legislature recently amended section 244.-04 subd. 1, to provide as follows:
Notwithstanding the provisions of section 609.11, subd. 6, and section 609.346, subdivision 1, the term of imprisonment of any inmate sentenced to a presumptive fixed sentence after May 1, 1980, shall be reduced in duration by one day for each two days during which the inmate violates none of the disciplinary offense rules promulgated by the commissioner. The reduction shall accrue to the period of supervised release to be served by the inmate.
If an inmate violates a disciplinary offense rule promulgated by the commissioner, good time earned prior to the violation may not be taken away, but the inmate may be required to serve an appropriate portion of his term of imprisonment after the violation without earning good time.
Act of June 6, 1983, 1983 Minn.Laws Ch. 274, section 6. Effective November 1, 1983, the presumptive sentence for a 3-year mandatory minimum term will no longer be 54 months or the cell time, whichever is longer, but 36 months or the cell time, whichever is longer. The applicability of these changes to defendant is not an issue on this appeal.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.