Like many states, Minnesota has sentencing guidelines that are intended to ensure that similar sentences are imposed on similar crimes.

For the most part, Minnesota criminal court judges are expected to adhere to the sentencing guidelines. However, they are allowed to depart from the guidelines if the nature of the crime warrants a stricter sentence.

A St. Cloud man recently had one such sentence upheld by the Minnesota Court of Appeals

Judge Deemed Defendant a "Career Criminal"

The man was convicted of simple robbery after he allegedly grabbed an acquaintance's purse and stole her digital camera. He also allegedly threatened to harm the woman if she tried to stop him.

A Stearns County judge sentenced the man to eight years in prison - double the sentence recommended by the sentencing guidelines.

In support of her sentence, the judge pointed to the man's extensive criminal past. As a juvenile, the man had been convicted of criminal damage to property, simple robbery, terroristic threats and assault. Since reaching the age of majority, the 27 year-old has been convicted of first-degree burglary, second-degree assault and terroristic threats.

The man appealed, alleging that an eight-year sentence for a relatively minor theft constituted an unwarranted upward departure from the sentencing guidelines.

The appeals court disagreed. It held that the upward departure was well within the judge's discretion and did not violate established Minnesota law.

Minnesotans who are charged with a crime should take notice of a judge's authority to increase presumptive sentencing and would be well-advised to discuss their criminal past with their defense attorney well before trial.

Source: St. Cloud Times, "Man's Record Influences Court's Tougher Sentence," David Unze, Jan. 30, 2012.