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State v. Hanf

October 19, 2004

STATE OF MINNESOTA, RESPONDENT,
v.
ARTHUR THOMAS HANF, APPELLANT.



Olmsted County District Court File No. K9-03-4394.

Considered and decided by Toussaint, Chief Judge; Lansing, Judge; and Shumaker, Judge.

SYLLABUS BY THE COURT

Upward dispositional departures under the Minnesota Sentencing Guidelines and applicable caselaw are not based on fixed determinate-sentencing findings, but on broad assessments of offender characteristics similar to those made in indeterminate-sentencing schemes. Therefore, the facts supporting a dispositional departure need not be made by the jury under the United States Supreme Court's holding in Blakely v. Washington, 124 S. Ct. 2531 (2004).

The opinion of the court was delivered by: Toussaint, Chief Judge

Affirmed

OPINION

This appeal is from a sentence for felony test refusal. Appellant argues that the upward dispositional departure, which was based on judicial findings, violates his Sixth Amendment right to a jury trial under Blakely v. Washington, 124 S.Ct. 2531 (2004). We affirm.

FACTS

Appellant Arthur Hanf pleaded guilty to felony refusal to submit to chemical testing. Because Hanf had a zero criminal history score, the presumptive sentence for his offense was 36 months with execution stayed. See Minn. Sent. Guidelines IV, V. The district court, however, departed dispositionally, concluding that Hanf, due to his numerous failures in chemical-dependency treatment, his three prior driving while intoxicated convictions (DWIs) within ten years, and his posing a threat to public safety, was a "poor candidate" for probation.

Hanf filed this appeal, arguing that his upward dispositional departure was imposed in violation of Blakely v. Washington.

ISSUES

Does Blakely v. Washington apply to the Minnesota Sentencing Guidelines?

Does Blakely apply to upward dispositional departures?

ANALYSIS

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