A Plea Agreement, Alone, Does Not Support a Sentencing Departure; Where No Reasons Were Stated, Presumptive Sentence is Only Permissible Sentence on Remand

State v. Haggins, Minn.Ct.App., 5/3/2011.  A jury convicted Mr. Haggins of fourth degree assault for head butting a correctional officer at the Stillwater prison.  Mr. Haggins represented himself during trial, with the presence of stand by counsel.  After conviction, stand by counsel negotiated a six month upward sentencing departure; Mr. Haggins waived his right to a jury determination of any aggravating factors.  Other than the negotiated agreement the trial court made no findings to support the departure.

A plea agreement, standing alone, does not create the substantial and compelling circumstances that are necessary to support a departure.  State v. Misquadace, 644 N.W.2d 65, 71 (Minn. 2002).  Because the trial court did not even attempt to state reasons, the appellate court cannot flyspeck the record in search of such reasons.  The matter must be remanded, and the trial court can only impose the presumptive sentence.  No redo.  State v. Rannow, 703 N.W.2d 575 (Minn. App. 2005).