§ 609.108

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Spears v. State · 2006 2 citations

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O'MEARA v. State · 2004 8 citations

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State v. Grossman · 2001 15 citations

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. Minn. Stat. § 609.1352 was repealed and re-codified as Minn. Stat. § 609.108 (1998). See *856 Act of Apr. 6, 1988, ch. 367, art. 6, §§ 5, 15, 16, 1998 Minn. Laws 727-28, 734-35. Minn. Stat. § 609.108, subd. 1, states in relevant part:

. Minn. Stat. § 609.1352 was repealed and re-codified as Minn. Stat. § 609.108 (1998). See *856 Act of Apr. 6, 1988, ch. 367, art. 6, §§ 5, 15, 16, 1998 Minn. Laws 727-28, 734-35. Minn. Stat. § 609.108, subd. 1, states in relevant part:

. Minn. Stat. § 609.1352 was repealed and re-codified as Minn. Stat. § 609.108 (1998). See *856 Act of Apr. 6, 1988, ch. 367, art. 6, §§ 5, 15, 16, 1998 Minn. Laws 727-28, 734-35. Minn. Stat. § 609.108, subd. 1, states in relevant part:

State v. Williams · 2000 3 citations

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In addition, Minnesota’s sentencing guidelines were not only authorized by the legislature, but were developed under close supervision by the legislative body. The legislation authorizing the guidelines provided that departures from the presumptive sentence could be no more than 15%. Minn. Stat. § 244.09, subd. 5(2) (1978). And the statute provides that proposed modifications to the guidelines grid, or changes that would result in a reduction of sentence or early release of an inmate, must be submitted to the legislature. Minn. Stat. § 244.09, subd. 11 (2002). Moreover, while the legislature has not chosen to enact a legislative veto over presumptive sentences, it has, through mandatory minimum sentences and sentencing enhancement statutes, legislatively mandated changes in presumptive sentences. See Minn. Stat. §§ 609.108, subd. 1(a) (2002) (providing that a court sentencing a patterned sex offender must impose a sen *343 tence of at least double the presumptive sentence), 609.342, subd. 2(b) (prescribing a presumptive sentence of 144 months for first-degree criminal sexual conduct); see generally Minn. Sent. Guidelines II.E. (providing that the presumptive duration of a sentence is the statutory mandatory minimum or the presumptive sentence according to the guidelines grid, whichever is longer); cf. Taylor v. State, 670 N.W.2d 584, 589-90 (Minn.2003) (considering the statutory changes in presumptive sentences and mandatory sentences for sex crimes in reviewing an upward departure for a sex offense). Thus, the Minnesota Sentencing Guidelines, although developed and modified by an independent administrative agency, are subject to considerable oversight and monitoring by the legislature.

State v. Whitley · 2004 7 citations

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State v. Grossman · 2001 10 citations

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State v. Schwartz · 2000 1 citation

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