CASE LAW UPDATE: Defendant brought motion for downward durational departure in sentencing
Defendant was convicted of 1st degree criminal sexual conduct. Defendant brought a motion for a downward durational departure in sentencing. For a downward durational departure motion to be successful, it is usually based upon whether or not the offense in question was less serious than a typical offense of this type. Defendant’s motion for a downward departure was denied. On appeal, the Minnesota Court of Appeals held that defendant presented no mitigating factors to support a downward durational departure. Affirmed.
State v. Birgans, A19-1282, St. Louis County.
Minnesota Criminal Defense Lawyer was not attorney of record in this case.