State v. Kennedy

Jan 20, 1984
C0-83-367
Reporters:
,
Before:
Amdahl
AMDAHL, Chief Justice.

This is a sentencing appeal. Defendant pleaded guilty to five crimes requiring imposition of minimum terms of 3 years under Minn.Stat. ‍​‌‌​‌​​‌‌​​‌‌​​​‌‌​‌​​​​​​‌​‌‌​​​​​‌​​​​‌‌​​‌​‌‌​​‌‌​‌​‌‌​‌​​‌‌​‌​‌‌​​‌​​‌‌​‌​‌​‌‌​​​​‌‌​‌​​​​​‌‍§ 609.11, subd. 4 (1982). One conviction was for the aggravated robbery of a man in St. Paul on June 11, 1981. One conviction was for assaulting another man with a dangerous weapon on April 20, 1982. The other three convictions were for the ‍​‌‌​‌​​‌‌​​‌‌​​​‌‌​‌​​​​​​‌​‌‌​​​​​‌​​​​‌‌​​‌​‌‌​​‌‌​‌​‌‌​‌​​‌‌​‌​‌‌​​‌​​‌‌​‌​‌​‌‌​​​​‌‌​‌​​​​​‌‍aggravated robbery of three female residents of a house on April 21,1982. The trial court, acting pursuant to Minnesota Sentencing Guidelines and Commentary, II.E. and II.F.2. (1982), sentenced defendant to five separate 54-month sentences, one per victim, and made four of the five sentences ‍​‌‌​‌​​‌‌​​‌‌​​​‌‌​‌​​​​​​‌​‌‌​​​​​‌​​​​‌‌​​‌​‌‌​​‌‌​‌​‌‌​‌​​‌‌​‌​‌‌​​‌​​‌‌​‌​‌​‌‌​​​​‌‌​‌​​​​​‌‍run consecutively. This gave defendant an aggregate sentence of 216 months. Defendant, seeking a reduction of sentence, contends on appeal that his sentence violated the Guidelines and also unfairly exaggerated the criminality of his conduct. There is no merit to this contention. The ‍​‌‌​‌​​‌‌​​‌‌​​​‌‌​‌​​​​​​‌​‌‌​​​​​‌​​​​‌‌​​‌​‌‌​​‌‌​‌​‌‌​‌​​‌‌​‌​‌‌​​‌​​‌‌​‌​‌​‌‌​​​​‌‌​‌​​​​​‌‍sentence of 216 months clearly was proper under prior cases of this court interpreting and applying the Guidelines and the so-called multiple-victim exception to Minn.Stat. § 609.035 (1982). Cases supporting the sentence include: State v. Williams, 337 N.W.2d 387, 390 (Minn.1983); State v. Freyer, 328 N.W.2d 140, 142 (Minn.1982); State v. ‍​‌‌​‌​​‌‌​​‌‌​​​‌‌​‌​​​​​​‌​‌‌​​​​​‌​​​​‌‌​​‌​‌‌​​‌‌​‌​‌‌​‌​​‌‌​‌​‌‌​​‌​​‌‌​‌​‌​‌‌​​​​‌‌​‌​​​​​‌‍Montalvo, 324 N.W.2d 650, 652 (Minn.1982); State v. Profit, 323 N.W.2d 34, 36 (Minn.1982); State v. Burgess, 319 N.W.2d 418 (Minn.1982); and State v. Lindsey, 314 N.W.2d 823, 824-25 (Minn.1982).

Affirmed.