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State v. Dobbins

Minnesota Court of Appeals

2006 WL 1320484 (2006)

Relevant factsFree

Ramona Dobbins (defendant) lured 91-year-old John Postudensek away from his car under the guise of needing help, then took his wallet, cash, and a battery charger from his home. She pleaded guilty to second-degree burglary, facing a presumptive 43-month sentence, and asked for a downward departure based on a diagnosed bipolar disorder and antisocial personality disorder along with a stated desire for treatment; the district court denied the request and imposed the guideline sentence, and Dobbins appealed.

IssueFree

Whether a district court may depart downward from the presumptive sentence based on evidence that the defendant exhibited extreme mental impairment.

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