Supreme Court of Minnesota

Richard W. Taylor, Appellant v. State of Minnesota, Respondent

November 6, 20032003 Minn. LEXIS 716

Summary

The court held that the upward durational departure from Taylor's 144-month presumptive sentence was improper because the identified aggravating factors either relied on uncharged conduct or duplicated facts already incorporated into the offense definition. It reduced Taylor's executed sentence to the statutory presumptive term of 144 months and otherwise affirmed the judgment as modified. Justice Meyer, joined by Chief Justice Blatz, dissented and would have remanded for reconsideration based on the admitted multiple incidents of abuse.