STATE v. SOTO

No. A13-0997.

855 N.W.2d 303 (2014)

STATE of Minnesota, Respondent, v. Jose Arriaga SOTO, Jr., Appellant.

Supreme Court of Minnesota.

October 22, 2014.


Attorney(s) appearing for the Case

Lori Swanson , Attorney General, Saint Paul, MN; and Greg Widseth , Polk County Attorney, Scott A. Buhler , Assistant Polk County Attorney, Crookston, MN, for respondent.

Cathryn Middlebrook , Chief Appellate Public Defender, Kathryn J. Lockwood , Assistant State Public Defender, Saint Paul, MN, for appellant.


OPINION

LILLEHAUG, Justice.

In sentencing, district courts have a great deal of discretion. Rarely do we hold that it has been abused. But rarely is not never. This is such a rare case.

Appellant Jose Soto pleaded guilty to first-degree criminal sexual conduct for a violent rape. The Minnesota Sentencing Guidelines called for an executed sentence of 12 years in prison. Instead, the district court stayed Soto's prison sentence and put him on supervised...

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