[Download] "State Minnesota v. Dale Gene Garcia" by Supreme Court of Missouri # Book PDF Kindle ePub Free
eBook details
- Title: State Minnesota v. Dale Gene Garcia
- Author : Supreme Court of Missouri
- Release Date : January 13, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Trial court in criminal case, in determining whether to depart from the "presumptive sentence" established by the Sentencing Guidelines, should (1) consider whether any mitigating or aggravating factors are present, including those not listed on the nonexclusive list prepared by the Sentencing Guidelines Commission, (2) determine whether these circumstances are "substantial and compelling circumstances" justifying departure, and (3) if there are "substantial and compelling circumstances," decide whether or not to depart; if the trial court decides to depart, it should make findings of fact and provide written reasons justifying its decision, so that meaningful review of the decision to depart is possible. Held, trial court in this case did not clearly abuse its discretion in departing from the presumptive sentence.
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