When Imposing a “Minimum Term of Imprisonment” For a Criminal Sexual Conduct Life Sentence, The Guidelines Apply in Establishing That “Minimum Term”.

State v. Hodges, Minn.S.Ct., 8/13/2009.  A grand jury indicted Mr. Hodges on one count of criminal sexual conduct in the first degree, and on one count of criminal sexual conduct in the third degree.  For both counts, the indictment included a statutory reference to Minn.Stat. 609.3455, a subdivision of which carries a life sentence (but with eligibility for supervised released after service of a “minimum term of imprisonment”).  The statute requires that the trial court state at sentencing what the “minimum term of imprisonment” is; the court is to base that minimum term on either the sentencing guidelines or any applicable mandatory minimum sentence.

Mr. Hodges pleaded guilty to criminal sexual conduct in the third degree.  He waived his right to a Blakely sentencing jury; he and the state agreed that the “minimum term of imprisonment” would be 270 months.  The trial court imposed a life sentence, with the 270 month minimum term of imprisonment.  It justified the 270 month term by concluding that either the guidelines did not apply or that there were seven aggravating factors to support the sentence under the guidelines (which called for a presumptive sentence of 91 months).

The appellate court concluded that the guidelines do apply.  It rejects Mr. Hodges’ argument that the state had failed to give timely notice of its intent to seek an upward departure, pointing to the stipulation in the plea agreement for a minimum term of imprisonment that exceeded the presumptive guidelines sentence.  The appellate court goes on to conclude that the aggravating factors supported the departure, and that the factors were “severe,” thus satisfying the requirements for a greater than double departure.