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State v. Dobbins

2006 WL 1320484 (2006)

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State v. Dobbins

Minnesota Court of Appeals

2006 WL 1320484 (2006)

Facts

Ramona Dobbins (defendant) approached 91-year-old John Postudensek at his home and asked him to help her start her vehicle. While Postudensek was working on Dobbins car, she left for a period of time. About 20 minutes later, Postudensek was walking back to his home when he saw Dobbins walking toward him with a battery charger. Once inside his home Postudensek noticed that his wallet containing about $49, along with money on his dresser, and his battery charger were missing. Postudensek reported the incident to police and, in the course of the investigation, indicated that Dobbins might have taken the items. Dobbins was charged with second-degree burglary and she subsequently pled guilty to the charge. The presumptive sentence for the crime is a 43-month term of imprisonment. Dobbins moved the court for a downward departure from the presumptive sentence, citing mental impairment and an opportunity to participate in a mental health program if the court imposed probation. The district court denied Dobbins’ motion and sentenced her, according to the state’s guidelines, to 43 months in prison. Dobbins appealed.

Rule of Law

Issue

Holding and Reasoning (Anderson, J.)

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