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State v. Leibfried

Supreme Court of Minnesota
Aug 6, 1981
309 N.W.2d 36 (Minn. 1981)

Summary

In State v. Leibfried, 309 N.W.2d 36 (Minn. 1981), the Minnesota Supreme Court remanded the case for resentencing and ordered the trial court either provide departure reasons or impose the presumptive sentence.

Summary of this case from State v. Liebfried

Opinion

No. 81-458.

August 6, 1981.

Appeal from the District Court, Martin County, Harvey A. Holtan, J.

C. Paul Jones, Public Defender, Anthony Schumacher, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, D. G. Wilhelm, County Atty., Fairmont, for respondent.

Considered and decided by the court en banc without oral argument.


This is a sentencing appeal.

Defendant, charged with aggravated forgery, four counts of unauthorized use of a motor vehicle, and misdemeanor counts of driving after revocation and failing to stop and give information after an accident, entered guilty pleas to all the felony counts in exchange for the prosecutor's agreement to dismiss the misdemeanor counts and to recommend that the sentences for all the offenses run concurrently. Defendant waived a presentence investigation report and asked for immediate sentencing.

The prosecutor stated that under the Guidelines he believed the presumptive sentence would be 12 months probation because defendant had a criminal history score of zero and the offenses were all severity level I offenses. However, he urged the trial court to depart. Defense counsel argued for a stay of imposition pursuant to the Guidelines.

The trial court sentenced defendant to five years in prison for the aggravated forgery and stayed imposition of sentence for the other convictions but failed to provide reasons justifying departure. We therefore remand for resentencing.

On remand, the trial court, in determining whether to depart, should follow the approach set forth in State v. Garcia, 302 N.W.2d 643 (Minn. 1981). Specifically, it should (1) consider whether any mitigating or aggravating factors are present, (2) determine whether these circumstances are substantial and compelling circumstances justifying departure, and (3) if there are substantial and compelling circumstances, decide whether or not to depart. If the trial court decides to depart, it must make any necessary findings and give reasons justifying its decision so that meaningful review of the departure is possible. If the court concludes that there are no substantial and compelling circumstances present, then the court should follow the presumptive sentence established by the Guidelines. We note that under the Guidelines the trial court is free to require, as a condition of probation, that the defendant spend up to a year in jail.

Remanded for resentencing.


Summaries of

State v. Leibfried

Supreme Court of Minnesota
Aug 6, 1981
309 N.W.2d 36 (Minn. 1981)

In State v. Leibfried, 309 N.W.2d 36 (Minn. 1981), the Minnesota Supreme Court remanded the case for resentencing and ordered the trial court either provide departure reasons or impose the presumptive sentence.

Summary of this case from State v. Liebfried
Case details for

State v. Leibfried

Case Details

Full title:STATE of Minnesota, Respondent, v. Larry LEIBFRIED, Appellant

Court:Supreme Court of Minnesota

Date published: Aug 6, 1981

Citations

309 N.W.2d 36 (Minn. 1981)

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