State v. Anderson, 356 N.W.2d 453 (Minn. Ct. App. 1984). · Go Syfert
State v. Anderson, 356 N.W.2d 453 (Minn. Ct. App. 1984). Cases Citing This Book View Copy Cite
26 citation events (4 in the last 25 years) across 1 distinct court.
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) State of Minnesota v. Gideon Charles Arrington, II
Minn. Ct. App. · 2016 · confidence medium
State v. Dettman, 719 N.W.2d 644, 647 (Minn. 2006). 3 modify the departure unless it has a strong feeling that the sentence is disproportional to the offense.” State v. Anderson, 356 N.W.2d 453, 454 (Minn. App. 1984) (quotation omitted).
cited Cited as authority (rule) State v. Woelfel
Minn. Ct. App. · 2001 · confidence medium
State v. Anderson, 356 N.W.2d 453, 454 (Minn.App.1984).
cited Cited as authority (rule) State v. Esler
Minn. Ct. App. · 1996 · confidence medium
State v. Anderson, 356 N.W.2d 453, 454 (Minn.App.1984).
cited Cited as authority (rule) State v. Behl
Minn. Ct. App. · 1996 · confidence medium
State v. Anderson, 356 N.W.2d 453, 454 (Minn.App.1984).
discussed Cited as authority (rule) State v. Harwell
Minn. Ct. App. · 1994 · confidence medium
If the record supports a finding of substantial and compelling circumstances, this court will not interfere with the sentence “unless it has a ‘strong feeling’ that the sentence is disproportional to the offense.” State v. Anderson, 356 N.W.2d 453, 454 (Minn.App.1984) (quoting State v. Shantzen, 308 N.W.2d 484, 487 (Minn.1981)).
discussed Cited as authority (rule) State v. Patterson
Minn. Ct. App. · 1994 · confidence medium
“If the record supports findings that substantial and compelling circumstances exist,” a reviewing court will not interfere with the trial court’s discretion “unless it has a ‘strong feeling’ that the sentence is disproportional to the offense.” State v. Anderson, 356 N.W.2d 453, 454 (Minn.App.1984) (quoting State v. Schantzen, 308 N.W.2d 484, 487 (Minn.1981)).
discussed Cited as authority (rule) State v. Kimmons
Minn. Ct. App. · 1993 · confidence medium
If the record supports the trial court’s findings of substantial and compelling circumstances, a reviewing court will uphold the sentence “unless it has a ‘strong feeling’ that the sentence is disproportionate to the offense.” State v. Anderson, 356 N.W.2d 453, 454 (Minn.App.1984) (quoting State v. Shantzen, 308 N.W.2d 484, 487 (Minn.1981)).
discussed Cited as authority (rule) State v. Pearson (2×)
Minn. Ct. App. · 1991 · confidence medium
State v. Anderson, 356 N.W.2d 453, 454 (Minn.App.1984). [5] We also note that the record reveals that the child was clearly in need of medical attention during the period Pearson was in sole physical custody of the child, yet Pearson failed to seek medical assistance for the child.
discussed Cited as authority (rule) State v. O'HAGAN
Minn. Ct. App. · 1991 · confidence medium
“If the record supports findings that substantial and compelling circumstances exist,” a reviewing court will not interfere with the trial court’s discretion “unless it has a ‘strong feeling’ that the sentence is disproportionate to the offense.” State v. Anderson, 356 N.W.2d 453, 454 (Minn.App.1984) (quoting State v. Schantzen, 308 N.W.2d 484, 487 (Minn.1981)).
cited Cited as authority (rule) State v. VanWert
Minn. Ct. App. · 1989 · confidence medium
State v. Anderson, 356 N.W.2d 453, 454 (Minn.Ct.App.1984).
cited Cited as authority (rule) State v. Schenk
Minn. Ct. App. · 1988 · confidence medium
State v. Anderson, 356 N.W.2d 453, 454 (Minn.Ct.App.1984) (quoting State v. Schantzen, 308 N.W.2d 484, 487 (Minn.1981)).
cited Cited as authority (rule) Williams v. State
Minn. Ct. App. · 1985 · confidence medium
See, e.g., State v. Profit, 323 N.W.2d 34, 36-37 (Minn.1982); State v. McClay, 310 N.W.2d 683, 685 (Minn.1981); State v. Anderson, 356 N.W.2d 453, 455 (Minn.Ct.App.1984).
cited Cited as authority (rule) State v. Presley
Minn. Ct. App. · 1985 · confidence medium
State v. Gartland, 330 N.W.2d 881, 883 (Minn.1983); State v. Anderson, 356 N.W.2d 453, 455 (Minn.Ct.App.1984); State v. Anderson, 361 N.W.2d 896 (Minn.Ct.App.1985).
discussed Cited "see" State v. Castillo-Alvarez
Minn. Ct. App. · 2012 · signal: see · confidence high
See State v. Anderson, 356 N.W.2d 453, 454 (Minn.App.1984) (stating that where the record supports the finding that an aggravating factor provides substantial and compelling reasons to depart, an appellate court “will not modify the departure unless it has a ‘strong feeling’ that the sentence is disproportional to the offense”).
discussed Cited "see" State v. Gebeck
Minn. Ct. App. · 2001 · signal: see · confidence high
See, State v. Anderson, 356 N.W.2d 453, 454 (Minn.App.1984) (defendant’s egregious conduct included driving at excessive speed under influence of six or seven “rum cokes” and five beers and leaving scene of accident).
discussed Cited "see, e.g." State v. Herrmann
Minn. Ct. App. · 1992 · signal: see also · confidence medium
Some decisions have held that a "court may use the same reasons for a durational departure as it did in imposing a dispositional departure." State v. VanWert, 438 N.W.2d 416, 422 (Minn.App.1989) rev’d on other grounds, 442 N.W.2d 795 (Minn.1989); see also State v. Anderson, 356 N.W.2d 453, 454 (Minn.App.1984).
Retrieving the full opinion text from the archive…
STATE of Minnesota, Respondent,
v.
Bruce Gaylon ANDERSON, Appellant
C3-84-1281.
Court of Appeals of Minnesota.
Oct 23, 1984.
356 N.W.2d 453
Hubert H. Humphrey, III, State Atty. Gen., Thomas L. Johnson, Hennepin County Atty., Minneapolis, for respondent., C. Paul Jones, State Public Defender, Mark F. Anderson, Asst. State Public Defender, Minneapolis, for appellant.
Popovich, Foley, Wozniak.
Cited by 21 opinions  |  Published

OPINION

FOLEY, Judge.

Defendant Bruce Gaylon Anderson was convicted of criminal negligence resulting in the death of Larry Ebel. Anderson appeals his sentence, contending that the record fails to support either the trial court’s dispositional or durational departure from a presumptively stayed sentence of 18 months. We affirm.

[*454] FACTS

Late one night Anderson drove his automobile onto southbound 35W from the 36th Street entrance ramp. The two eastern lanes of southbound 35W were closed for road maintenance. The division between the open and closed lanes was marked by orange traffic cones. Anderson drove down the closed lanes at an admittedly excessive rate of speed.

According to construction crew members working on the closed lanes, Anderson drove down the closed lanes at 70 to 80 miles per hour. He drove between a dump truck parked in the eastern most blocked off lane and a pickup truck parked on the shoulder. He struck and killed construction worker Larry Ebel. The impact of the collision threw Ebel’s body 119 feet and tore off his shoes and socks.

Anderson knew he hit something but continued to drive. He parked his disabled car at 55th Street and Park Avenue and called his mother to pick him up. The next morning after being informed that there had been a fatal accident at 35W and 46th Street involving a car like his, Anderson turned himself in and told police that he may have been involved in the accident.

Anderson admitted that he had been drinking and that he was under the influence of alcohol when he drove onto 35W. He had consumed six or seven rum cokes and approximately five beers.

Anderson was charged with two counts of criminal vehicular operation, failure of driver to stop, and failure of driver to notify police. Anderson pleaded guilty to one count of criminal vehicular operation resulting in death, Minn.Stat. § 609.21, subd. 1 (Supp.1983) (causing the death of another while operating a motor vehicle in a grossly negligent manner). The offense carries a statutory maximum of five years in prison. Since his criminal history score was zero, the presumptive sentence under the sentencing guidelines is 18 months stayed. The trial court sentenced him to 24 months in prison.

ISSUE

Was the sentencing court justified in departing both durationally and dispositionally from the presumptive sentence?

ANALYSIS

Anderson contends that none of the factors relied upon by the sentencing judge were sufficient to support either a dura-tional or dispositional departure.

The Minnesota Sentencing Guidelines provide that a judge may depart from a presumptive sentence only if substantial and compelling circumstances exist. Minn. Sentencing Guidelines II.D. If the record supports findings that substantial and compelling circumstances exist, this court will not modify the departure unless it has a “strong feeling” that the sentence is disproportional to the offense. See State v. Schantzen, 308 N.W.2d 484, 487 (Minn.1981).

The trial court based both its dispo-sitional and durational departures upon the finding that Anderson’s conduct was significantly more serious than that usually associated with the offense in question. A court is not barred from using the same aggravating circumstances to justify both a dispositional and durational departure. State v. Lalli, 338 N.W.2d 419, 421 (Minn.1983).

The Minnesota Supreme Court has affirmed execution of a presumptively stayed sentence because of the egregiousness of the conduct of the defendant in a similar criminal negligence case. State v. Gartland, 330 N.W.2d 881, 883 (Minn.1983). In Gartland the defendant pleaded guilty to two counts of criminal negligence resulting in death. Minn.Stat. § 609.21 (1982). The defendant, who had been drinking, drove at a high rate of speed in a residential neighborhood. He hit a car' which was in an intersection and killed both occupants. The impact was such that he pushed the car approximately 50 yards. He then left the scene. The Supreme Court agreed with the trial court that the case was not the usual or typical case of[*455] death by criminal negligence and that the defendant’s conduct was “aggravated in the extreme.” Gartland, 330 N.W.2d at 883.

This case is equally egregious. Anderson’s conduct clearly represented a greater than normal danger to the safety of other people. See State, County of Hennepin v. McClay, 310 N.W.2d 683, 685 (Minn.1981). He intentionally drove his car at an excessive rate of speed in an area which was obviously blocked off for construction work. Anderson endangered all of the construction workers in the protected area. His speed was so great that when he hit Ebel, Ebel’s body was thrown 119 feet and his shoes and socks were torn off. The impact disabled Anderson’s car.

The egregiousness of Anderson’s conduct also justifies a durational departure.

The general issue that faces a sentencing court in deciding whether to depart dura-tionally is whether the defendant’s conduct was significantly more or less serious than that typically involved in the commission of the crime in question.

State v. Cox, 343 N.W.2d 641, 643 (Minn.1984).

The record supports a finding that Anderson’s conduct represented a significantly greater danger to the safety of others than is usual in a typical case of criminal negligence resulting in death. This significantly more serious conduct justifies the six month upward departure from the presumptive sentence.

DECISION

We affirm the trial court’s decision to depart both durationally and dispositionally from the presumptive sentence.

Affirmed.