State of Minnesota v. Jacob Miles Solberg
869 N.W.2d 66
Minn. Ct. App.2015Background
- In June 2013, B.W. was raped by coworker Jacob Miles Solberg after a street dance; she reported the assault and underwent an exam.
- Solberg entered a Norgaard guilty plea to third-degree criminal sexual conduct during trial, admitting intercourse but asserting memory loss from intoxication.
- The plea agreement allowed the state to recommend the bottom of the presumptive guidelines range; Solberg could still seek a departure.
- At sentencing the district court granted a downward durational departure from the 53‑month presumptive term to 30 months executed, citing Solberg’s age, remorse, cooperation, and limited criminal history.
- The state appealed, arguing the court relied on improper offender-related factors for a durational departure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred by granting a downward durational departure based on Solberg’s remorse and other factors | State: durational departures may rely only on offense-related factors; offender-related factors (age, cooperation, remorse) are improper | Solberg: remorse (and other personal factors) justify the durational departure; a single factor can suffice | Court reversed: durational departures require offense-related factors; remorse unconnected to reduced offense seriousness is insufficient, and the court relied on improper offender-related factors |
Key Cases Cited
- State v. Kindem, 313 N.W.2d 6 (Minn. 1981) (presumptive sentence required absent substantial and compelling circumstances)
- State v. Peter, 825 N.W.2d 126 (Minn. App. 2012) (downward durational departures limited to offense-related factors)
- State v. Trog, 323 N.W.2d 28 (Minn. 1982) (age and cooperation are offender-related—relevant to dispositional departures)
- Williams v. State, 361 N.W.2d 840 (Minn. 1985) (appellate court may affirm if record contains sufficient appropriate reasons despite improper reasons given)
- State v. Back, 341 N.W.2d 273 (Minn. 1983) (remorse generally pertains to dispositional, not durational, departures)
- State v. Bauerly, 520 N.W.2d 760 (Minn. App. 1994) (remorse may inform durational departure only when it bears on the offense’s seriousness)
- State v. McGee, 347 N.W.2d 802 (Minn. 1984) (lack of remorse can be evidence of offense cruelty/seriousness)