State v. Stempfley

by
The Supreme Court affirmed the sentence imposed by the district court for Defendant’s convictions for third- and fourth-degree criminal sexual conduct on an accomplice-liability theory. The district court granted Defendant’s motion for a downward dispositional departure, stayed execution of a 140-month sentence for fifteen years, and required Defendant to comply with several probationary conditions. The court of appeals affirmed, concluding that an offender’s minor or passive role is an adequate reason for a downward dispositional departure and that the record supported the district court’s finding that Defendant played a minor or passive role in the third- and fourth-degree criminal sexual conduct. The Supreme Court affirmed, holding that the district court did not abuse its discretion by finding that Defendant’s minor or passive role in the offense was a substantial and compelling reason to depart from the Minnesota Sentencing Guidelines. View "State v. Stempfley" on Justia Law