State v. O'BRIEN, 369 N.W.2d 525 (Minn. 1985). · Go Syfert
State v. O'BRIEN, 369 N.W.2d 525 (Minn. 1985). Cases Citing This Book View Copy Cite
19 citation events (13 in the last 25 years) across 3 distinct courts.
Strongest positive: State of Minnesota v. George Cornelius Watkins (minnctapp, 2015-11-09)
Top citers, strongest first. 18 distinct citers. How cited ↗
cited Cited as authority (rule) State of Minnesota v. George Cornelius Watkins
Minn. Ct. App. · 2015 · confidence medium
State v. O’Brien, 369 N.W.2d 525, 527 (Minn. 1985).
cited Cited as authority (rule) State of Minnesota v. Robert John Meyers
Minn. · 2015 · confidence medium
See State v. Lomax, 437 N.W.2d 409, 410 (Minn.1989); State v. O’Brien, 369 N.W.2d 525, 527 (Minn.1985); State v. Williams, 337 N.W.2d 689, 690 (Minn.1983).
cited Cited as authority (rule) State v. Ayala-Leyva
Minn. Ct. App. · 2014 · confidence medium
See State v. Vance, 765 N.W.2d 390, 395 (Minn.2009); State v. O’Brien, 369 N.W.2d 525, 527 (Minn.1985).
cited Cited as authority (rule) State v. Castillo-Alvarez
Minn. Ct. App. · 2012 · confidence medium
State v. O’Brien, 369 N.W.2d 525, 527 (Minn.1985) (stating that the presence of a single aggravating factor is sufficient to support upward departure); see also Dillon, 781 N.W.2d at 599 (same).
cited Cited as authority (rule) State v. Traylor
Minn. Ct. App. · 2002 · confidence medium
State v. O’Brien, 369 N.W.2d 525, 527 (Minn.1985).
discussed Cited as authority (rule) Rairdon v. State
Minn. · 1996 · confidence medium
D.2.b.(2); State v. O’Brien, 369 N.W.2d 525, 527 (Minn.1985) (concluding that severe emotional distress was a valid basis for departure in first-degree criminal sexual conduct sentencing); Kilcoyne v. State, 344 N.W.2d 394, 397 (Minn.1984) (concluding that the underlying course of conduct may be considered in a departure decision, including psychological torment of a young victim).
cited Cited as authority (rule) State v. Doughman
Minn. Ct. App. · 1987 · confidence medium
Further, the offense was committed in a particularly serious way, State v. O’Brien, 369 N.W.2d 525, 527 (Minn.1985), which represented a greater than normal danger to the safety of other people.
discussed Cited as authority (rule) State v. Ratliff
Wash. Ct. App. · 1987 · confidence medium
Ratliff's sentence was justified by (1) his acting with deliberate cruelty, RCW 9.94A.390; Blegen , at 464; (2) the severe emotional distress suffered by the victim, State v. O'Brien, 369 N.W.2d 525, 527 (Minn. 1985); and (3) the invasion of the victim's "zone of privacy," State v. Dye, 371 N.W.2d 47, 52 (Minn. Ct. App. 1985); State v. Pierson, 368 N.W.2d 427, 436 (Minn. Ct. App. 1985).
cited Cited as authority (rule) State v. Johnston
Minn. Ct. App. · 1986 · confidence medium
State v. O’Brien, 369 N.W.2d 525, 527 (Minn.1985).
discussed Cited "see" State of Minnesota v. Javonate James McNeal
Minn. Ct. App. · 2015 · signal: see · confidence high
See State v. Petersen, 799 N.W.2d 653 , 659−60 (Minn. App. 2011) (citing State v. O’Brien, 369 N.W.2d 525, 527 (Minn. 1985), and upholding upward-departure sentence when “at least one of the aggravating circumstances stated by the district court [wa]s supported by the record”), review denied (Minn. Sept. 28, 2011); State v. Mohamed, 779 N.W.2d 93, 97 (Minn. App. 2010) (“The presence of a single aggravating factor is sufficient to uphold an upward departure.”), review denied (Minn. May 18, 2010).
discussed Cited "see" State of Minnesota v. Rafael Antonio Alfaro (2×)
Minn. Ct. App. · 2014 · signal: see · confidence high
See State v. Petersen, 799 N.W.2d 653, 659 (Minn. App. 2011) (citing State v. O’Brien, 369 N.W.2d 525, 527 (Minn. 1985), and upholding upward-departure sentence when “at least one of the aggravating circumstances stated by the district court [was] supported by the record”), review denied (Minn. Sept. 28, 2011).
cited Cited "see" State v. Rushton
Minn. Ct. App. · 2012 · signal: see · confidence high
See State v. O’Brien, 369 N.W.2d 525, 527 (Minn.1985).
cited Cited "see" State v. Petersen
Minn. Ct. App. · 2011 · signal: see · confidence high
See State v. O’Brien, 369 N.W.2d 525, 527 (Minn.1985) (stating that the presence of a single aggravating factor is sufficient to uphold an upward departure).
cited Cited "see" State v. Mohamed
Minn. Ct. App. · 2010 · signal: see · confidence high
See State v. O’Brien, 369 N.W.2d 525, 527 (Minn.1985).
cited Cited "see, e.g." State v. Robideau
Minn. Ct. App. · 2010 · signal: see, e.g. · confidence medium
See, e.g., State v. O’Brien, 369 N.W.2d 525, 527 (Minn.1985); State v. Harwell, 515 N.W.2d 105, 109 (Minn.App.1994), review denied (Minn. June 15, 1994).
discussed Cited "see, e.g." Dillon v. State
Minn. Ct. App. · 2010 · signal: see, e.g. · confidence medium
See, e.g., State v. O’Brien, 369 N.W.2d 525, 527 (Minn.1985) (upholding double durational departure when only one aggravating factor was present); State v. Harwell, 515 N.W.2d 105, 109 (Minn.App.1994) (holding that particular cruelty alone can justify double departure), review denied (Minn. June 15,1994). 1.
discussed Cited "see, e.g." State v. Hart
Minn. Ct. App. · 1991 · signal: see also · confidence low
See State v. Lindahl, 309 N.W.2d 763, 767 (Minn.1981) (first degree criminal sexual conduct involving bodily harm to the victim is a general intent crime); see also State v. O’Brien, 364 N.W.2d 901, 904 (Minn.App.1985) (substantive elements of first degree criminal sexual conduct under Minn.Stat. § 609.342, subd. l(e)(i) are penetration, personal injury, and force or coercion), aff'd as modified, 369 N.W.2d 525 (Minn.1985).
discussed Cited "see, e.g." State v. Edmison
Minn. Ct. App. · 1986 · signal: see, e.g. · confidence medium
See, e.g., State v. O’Brien, 369 N.W.2d 525, 527 (Minn.1985); State v. Partlow, 321 N.W.2d 886 (Minn.1982); State v. Robinson, 388 N.W.2d 43, 46 (Minn.Ct.App.1986), pet. for rev. denied, (Minn. July 31, 1986).
Retrieving the full opinion text from the archive…
STATE of Minnesota, Respondent,
v.
Richard Neal O’BRIEN, Appellant
C5-84-973.
Supreme Court of Minnesota.
Jun 21, 1985.
369 N.W.2d 525
C. Paul Jones, Public Defender, Heidi Crissey, Asst., Minneapolis, for appellant., Hubert H. Humphrey, III, Atty. Gen., James B. Early, Asst., St. Paul, Michael Milligan, Cass County Atty., Walker, for respondent.
Amdahl.
Cited by 18 opinions  |  Published
AMDAHL, Chief Justice.

The state has petitioned for review of the decision of the Court of Appeals in State v. O’Brien, 364 N.W.2d 901 (Minn.App.1985). The Court of Appeals (a) reduced the sentence of defendant for criminal sexual conduct in the first degree on the ground that the trial court did not have grounds to depart durationally and (b) vacated defendant’s conviction of the included offense of criminal sexual conduct in the third degree pursuant to Minn.Stat. § 609.04 (1984). We grant the petition, affirm the vacation of defendant’s conviction of criminal sexual conduct in the third degree, but reinstate the sentence which the trial court imposed upon defendant for criminal sexual conduct in the first degree.

The victim, a 14-year-old girl, was a friend of defendant’s sister and was staying with her in her mother’s house. Defendant, then 21, was also staying at the house. On the evening of November 7, 1983, defendant played a drinking game with the victim and others. The victim drank 4 or 5 glasses of beer. After the others left, defendant grabbed the victim, pulled her into his bedroom and raped her. Defendant physically abused the victim during the attack, causing her to bleed from her nose and mouth. After the act of intercourse, which was painful to her, the victim ran next door and obtained help.

Defendant was found guilty of criminal sexual conduct in the first degree pursuant to Minn.Stat. § 609.342(e)(i) (forced penetration accompanied by personal injury), and criminal sexual conduct in the third degree, Minn.Stat. § 609.344(b) (penetration of complainant who is at least 13 but less than 16 by one who is more than 24 months older than complainant). The presumptive sentence for criminal sexual conduct in the first degree (a Class VIII offense) by a person with defendant’s criminal history score (two) is an executed term of 65 (60-70) months in prison. The trial court doubled the presumptive sentence, imposing a term of 130 months in prison, and adjudged defendant guilty of both criminal sexual conduct in the first degree and criminal sexual conduct in the third degree.

The Court of Appeals reduced defendant’s sentence to 70 months, the maximum sentence permitted without departing from the presumptive sentence, and vacated the conviction of criminal sexual conduct in the third degree. The Court of Appeals was clearly correct in vacating the convic[*527] tion of criminal sexual conduct in the third degree. However, we believe that it erred in reducing defendant’s sentence.

The Court of Appeals stated that after analyzing the various facts it could not conclude that defendant committed the offense in a particularly serious way. We do not agree, but even if this were true, the departure would still be justified. The departure was permissible because defendant was convicted of an offense in which the victim was injured and he has a prior felony conviction for an offense in which the victim was injured. Minnesota Sentencing Guidelines and Commentary II.D.2.b(3) (1984) (it is an aggravating factor if “[t]he current conviction is for an offense in which the victim was injured and there is a prior felony conviction for an offense in which the victim was injured”); State v. Peake, 366 N.W.2d 299, 301 (Minn.1985); State v. Williams, 337 N.W.2d 689, 691 (Minn.1983); State v. Lindsey, 314 N.W.2d 823, 825 (Minn.1982). The evidence established that the victim was injured in this case. Defendant’s prior conviction was for assault in the third degree (infliction of substantial bodily harm); not only does the record indicate that the offense was based on evidence that defendant injured his girl friend but that offense by definition is one involving personal injury to the victim. The Court of Appeals’ conclusion that this factor is not itself sufficient to justify a double durational departure is incorrect.

We also believe, in any event, that the record supports the trial court’s determination that defendant committed the offense in a particularly serious way. The victim was only 14 years old; defendant was 21 years old. An age difference of 7 years when the victim is only 14 and the defendant 21 is more significant than it would be if the victim were an adult. Cf. State v. Kisch, 346 N.W.2d 130, 133 (Minn.1984) (after stating that “[a]n age difference of 5 years when juveniles are involved is a significant age difference,” we concluded that the youth of the victim could be considered in determining whether the defendant committed the offense in that case in a particularly serious way). While the victim may not have been particularly vul-nerble due to age in any absolute sense and while a 14 year old generally is probably no more vulnerable to a forcible rape than an 18 year old, we believe that defendant took advantage of the victim’s situation. It is also relevant that as a result of defendant’s conduct, the victim suffered severe emotional distress. The presentenee investigation report indicates that following the assault, the victim developed a “potentially dangerous shame-based reaction to the incident,” made a suicide gesture that consisted of slitting her wrist, cut her hair in a weird manner, refused to return to the high school where she had been making satisfactory progress and began taking nonprescription medication. She moved to Minneapolis to live with her uncle’s family but still cried a lot, felt ashamed and was unable to accept supportive counseling. The ordinary and foreseeable consequences of a rape may be considered in determining whether to depart. See Ture v. State, 353 N.W.2d 518, 522 (Minn.1984) (durational departure upheld in part because “as a result of the incident, the victim, who later discovered she was pregnant, had to go through her entire pregnancy without knowing for sure whether the biological father of the unborn child was defendant or her boyfriend”).

Affirmed as modified.