State of Minnesota v. Robert John Meyers

Minnesota case law summary by Attorney Richard Clem: sentencing guidelines.

State of Minnesota v. Robert John Meyers. MN sentencing guidelines

In this appeal from Hennepin County, the Minnesota Court of Appeals held that it was permissible to depart from a presumptive sentence under the Minnesota Sentencing Guidelines because the underlying conviction involves injury, even though the injury is an essential element of the conviction. The category of offenses subject to an upward departure under this factor includes those current convictions that involve harm or criminal sexual conduct; the basis for departure is that the offender has a prior conviction of an offense involving harm or criminal sexual conduct.

The court affirmed the conviction of Robert John Meyers for a 2012 assault in a Minneapolis parking ramp.

No. A13-1313 (Minn. Ct. App. Sept. 15, 2014).

Please see the original opinion for the court's exact language.


Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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