State v. Robideau. MN sentencing guidelines
Defendant's sentence was enhanced because the offense was committed in the presence of a child. The Minnesota Supreme Court held that enhancement was improper because, even though the child was present in the house, the record was clear that the child "did not see, hear, or otherwise witness any portion of the commission of the offense."
No. No. A09 530, 796 N.W.2d 147 (Minn. Mar. 23, 2011).
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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