§ 609.115

Adrian Dominic Riley v. State of Minnesota · 2025 3 citations

+ 3 more citations in this opinion.

ORDER PROMULGATING AMENDMENTS TO THE RULES OF JUVENILE PROTECTION PROCEDURE. ADM10-8041 · 2016 1 citation

+ 1 more citation in this opinion.

Hughes v. State · 2012 1 citation

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State v. Edwards · 2009 2 citations

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John Howard Bartz v. State of Minnesota · 2016 3 citations

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State of Minnesota v. Bailey Jordan Garcia · 2016 1 citation

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State of Minnesota v. Andrew Will Alexander · 2014 2 citations

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State v. Jeffries · 2010 1 citation

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State v. Hanf · 2004 3 citations

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State v. McCoy · 2001 1 citation

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State v. Kortkamp · 1997 1 citation

A defendant is entitled to a copy of a presentenee investigation and to a copy of the probation report if the court is considering whether to discharge and dismiss under Minn. Stat. § 152.18. State v. Ender, 467 N.W.2d 39, 41 (Minn.App.1991); see Minn. R.Crim. P. 27.03, subd. 1; Minn. Stat. § 609.115, subd. 4 (1994). Kortkamp lacked the equivalent notice of the proposed use of the career offender statute in sentencing. The supreme court has noted the unfairness of requiring a defendant at trial to defend himself against various allegations of misconduct of which he has no notice. State v. Spreigl, 272 Minn. 488, 495-96, 139 N.W.2d 167, 171-72 (1965). Although Kortkamp did not have a right to full discovery, as he would before trial, the notice he received before sentencing is similarly lacking and violates the elementary notice required by due process. 5

State v. Backus · 1993 2 citations

Minn. Stat. § 609.115, subd. 4 (1992) provides:

Minn. Stat. § 609.115, subd. 4 (1992) provides:

State v. Ender · 1991 1 citation

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State v. Jurgens · 1988 2 citations

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State v. Jola · 1987 1 citation

Minn. Stat. § 609.115, subd. lb, requires that the interest of the victim, as defined in Minn. Stat. § 611A.01, be part of the presentence investigation, obviously to protect the right of the victim. It does not in any way limit the court’s authority to order restitution to victims other than natural persons.

State v. Cobb · 1987 1 citation

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State v. Moore · 1986 1 citation

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State v. Rock · 1986 1 citation

Sentencing prior to completion of a sentencing worksheet is contrary to our rules of criminal procedure. See Minn. R. Crim.P. 27.03, subd. 1. Further, Minn. Stat. § 609.115, subd. 1 (1984), states in relevant part:

State v. Ward · 1984 1 citation

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Ivy v. Bolin · 2025 10 citations

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