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eBook details

• Title: Gary L. Williams v. State Minnesota
• Author : Eastern District, Division Five Court of Appeals of Missouri
• Release Date : January 08, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

This case involves sentencing guidelines issues. Respondent Williams contends that the required resentencing procedures adopted by the Minnesota Legislature in 1983 mandate a reduction in his previously imposed sentence. The State argues that a failure to file a departure report does not preclude a departure from the sentencing guidelines. The Minnesota Court of Appeals held that the reductions in mandatory sentences adopted by the legislature do not automatically require a reduction in Williams sentence and that the trial courts failure to file a departure report at the time of resentencing precludes departure. We affirm the Court of Appeals on the issue of whether a reduction in Williams sentence is required, but reverse its determination as to the validity of the sentencing departure under the facts of this case. We also prospectively adopt rules concerning departure reports.

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