Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Madden

Court of Appeals of Minnesota

April 9, 2018

State of Minnesota, Respondent,
v.
Garnet Frances Madden, Appellant.

          Wilkin County District Court File No. 84-CR-16-15

          Lori Swanson, Attorney General, St. Paul, Minnesota; and Carl Thunem, Wilkin County Attorney, Breckenridge, Minnesota (for respondent)

          Cathryn Middlebrook, Chief Appellate Public Defender, Rachel F. Bond, Assistant Public Defender, St. Paul, Minnesota (for appellant)

          Considered and decided by Reyes, Presiding Judge; Jesson, Judge; and Randall, Judge.[*]

         SYLLABUS

         Minn. Stat. § 609.101, subd. 2 (2014), is not facially unconstitutional because it does not establish a mandatory-minimum fine in violation of the Excessive Fines Clauses of the United States and Minnesota Constitutions.

          OPINION

          REYES, JUDGE.

         On appeal from his conviction of third-degree criminal sexual conduct, appellant argues that the district court's imposition of a $9, 000 fine violates the Excessive Fines Clause of the Eighth Amendment to the United States Constitution and article I, section 5 of the Minnesota Constitution. We affirm.

         FACTS

         A.G. met appellant Garnet Frances Madden on Christmas Day of 2015 at her father's house. At that time, A.G. was 15 years old, and appellant was 26 years old. Appellant's mother and A.G.'s father were in a romantic relationship.

         On January 8, 2016, A.G. went to her father's house, and appellant was there. A.G. went to bed around 10:00 p.m., and, at around 3:00 a.m., appellant woke her up and sexually penetrated her. She reported the incident to the police the next day.

         On January 20, 2016, respondent State of Minnesota charged appellant with third-degree criminal sexual conduct in violation of Minn. Stat. § 609.344, subd. 1(b) (2014). Appellant pleaded not guilty. At the conclusion of his jury trial, the jury found appellant guilty of the charged offense. The district court sentenced appellant to 48 months in prison, stayed the sentence, placed appellant on probation for ten years, and imposed one year of local jail time. It also imposed a $9, 000 fine, none of which was restitution to A.G. This appeal from the judgment of conviction follows.

         ISSUES

         I. Is Minn. Stat. § 609.101, subd. 2, facially unconstitutional under the Excessive Fines Clauses?

         II. Is Minn. Stat. § 609.101, subd. 2, unconstitutional as applied to appellant?

         III. Did the district court abuse its discretion when ordered ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.