(DOWNLOAD) "State Minnesota v. Tommy J. Evans" by Supreme Court of Missouri ~ Book PDF Kindle ePub Free
eBook details
- Title: State Minnesota v. Tommy J. Evans
- Author : Supreme Court of Missouri
- Release Date : January 26, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
This is a sentencing appeal. Defendant pled guilty to two different charges of aggravated robbery involving different victims and different incidents. The parties agree that defendants criminal history score is zero. The presumptive sentence for aggravated robbery by one with a criminal history score of zero is 24 months in prison. The Guidelines also provide that consecutive sentencing in this situation is not a departure. Minnesota Sentencing Guidelines and Commentary, II.F.2. (1980). Thus, the Guidelines would permit a 48-month sentence here without justification being required. The presentence investigation report recommended the maximum term (20 years for each offense, with the sentences to run consecutively). The trial court sentenced defendant to consecutive terms of 15 years each or a total of 30 years. Defendants attorney, not conceding that any departure was proper, argues primarily that the degree of departure was clearly excessive and unjustified. We hold that departure was justified but we reduce the total length of the term to 96 months, twice that of the total presumptive term.