STATE V. DOBBINS 2006 N.W. 1320484 (Minn. App.) CASE BRIEF

STATE V. DOBBINS

2006 N.W. 1320484 (Minn. App.)

NATURE OF THE CASE: Dobbins (D) was convicted and sentenced and argues that the district court abused its discretion when it denied her motion for a downward dispositional departure and imposed the 43-month presumptive guidelines sentence for second-degree burglary because her mental impairment and the alternative treatment available to her supported a downward dispositional departure. D also argues that the sentence is disproportional to the severity of the offense and her criminal history.

FACTS: D approached 91-year-old John Postudensek at his home and asked him to help her start her car, which was nearby. While Postudensek was working on the vehicle, D left for a period of time. After approximately 20 minutes, Postudensek began walking back to his residence and saw D walking toward him with a battery charger. When Postudensek returned home, he discovered that his wallet containing approximately $49 in cash, along with money from his dresser and his battery charger, were missing from his residence. Postudensek reported the incident to police, he advised that he suspected D had taken the items while he was working on her vehicle. D was charged with second-degree burglary. She pleaded guilty to the charged offense. D then moved for a downward dispositional departure from the presumptive guidelines sentence, citing her mental impairment and the opportunity to participate in a mental-health program if a probationary sentence were imposed. The district court denied the motion and sentenced Ds to the presumptive guidelines sentence of 43 months' imprisonment. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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