Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

STATE of Minnesota, Respondent, v. Stephen Edward GOOLER, Appellant.

AMDAHL, Chief Justice.

This is a sentencing appeal raising an issue concerning the propriety of a durational departure imposed but not executed by the sentencing court following revocation of a stay of imposition of sentence. The parties agree that the presumptive sentence for the offense (attempted burglary) by a person with defendant's criminal history score at the time of the original sentencing (zero) is 1 year and 1 day stayed. The trial court, in imposing a 2 1/2-year sentence did not give any reasons for the departure. Further, as the state concedes in its brief, the record on appeal does not support the departure. Under the circumstances, we reduce defendant's sentence duration from 2 1/2 years to 1 year and 1 day.

Affirmed as modified.

Use AI to get other relevant cases.

Comments

STATE v. GOOLER
(Feb 24, 1984)