Background

• Robideau was found guilty of second-degree intentional murder for Sharon Chouinard's January 26, 2008 stabbing death; sentence 460 months with a 93-month upward durational departure.
• The district court relied on two aggravating factors: particular cruelty and an offense committed in the presence of a child to justify the upward departure.
• The 14-year-old son, D.C., was in the home but did not witness the actual stabbing; he discovered the body the following morning.
• Evidence included Robideau's injuries from an explosion at a separate residence, a knife with both parties' DNA, and Robideau's post-event statements and jailhouse admissions.
• The Minnesota Court of Appeals upheld the conviction and most of the departure factors, but questioned the particular-cruelty factor while affirming the presence-of-a-child factor.
• This Court held that D.C. did not see, hear, or otherwise witness the offense, so the presence-of-a-child departure was unsupported; the case was reversed and remanded for resentencing.

Issues

Key Cases Cited

• State v. Profit, 323 N.W.2d 34 (Minn. 1982) (presence of child can justify upward departure when child witnesses or is vulnerable)
• State v. Vance, 765 N.W.2d 390 (Minn. 2009) (requires actual witnessing by child; clarifies improper jury instruction about presence)
• State v. Misquadace, 644 N.W.2d 65 (Minn. 2002) (departure factors and substantial/compelling circumstances framework)
• State v. Jones, 745 N.W.2d 845 (Minn. 2008) (nonexclusive list of departure factors; guidance on justification)
• State v. Edwards, 774 N.W.2d 596 (Minn. 2009) (scope of appellate review for departures; abuse of discretion standard)
• Taylor v. State, 670 N.W.2d 584 (Minn. 2003) (guidelines framework for presumptive sentences and departures)