Downward sentencing departure in 1st degree burglary with assault case

The State challenged the trial court’s grant of defendant’s motion for a downward dispositional departure in sentencing for first degree burglary while committing assault, arguing that defendant was not particularly amenable to probation.¬† Noting that remorse was a permissible offender related factor to consider in granting a dispositional departure, the Minnesota Court of Appeals concluded that the trial court’s reasons were sufficient to support the downward dispositional departure and the court did not abuse its discretion when it stayed execution of defendant’s sentence.¬† Affirmed.

State v. Scott, A18-1745, Sherburne  County.

Criminal Defense Attorney Lynne Torgerson was not attorney of record in this case.

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