State v. Martinson

671 N.W.2d 887, 2003 Minn. App. LEXIS 1445, 2003 WL 22889579
CourtCourt of Appeals of Minnesota
DecidedDecember 9, 2003
DocketA03-1079
StatusPublished
Cited by5 cases

This text of 671 N.W.2d 887 (State v. Martinson) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Martinson, 671 N.W.2d 887, 2003 Minn. App. LEXIS 1445, 2003 WL 22889579 (Mich. Ct. App. 2003).

Opinion

OPINION

GORDON W. SHUMAKER, Judge.

Appellant State of Minnesota contends that the district court abused its discretion by departing durationally downward from the sentencing guidelines, arguing that the court failed to make adequate findings of substantial and compelling circumstances to support the departure. Because the record shows that respondent suffered from an extreme mental impairment, the court did not abuse its discretion. We affirm.

FACTS

On November 22, 2000, respondent Cory Thomas ■ Martinson intentionally swerved his car into the path of oncoming traffic and collided with another vehicle. His wife C.A.M., riding as his passenger, was killed instantly.

The state charged Martinson with second-degree murder and criminal vehicular homicide. The district court ordered a rule 20 mental examination. The examiners, a staff psychologist and a staff psychiatrist at the Minnesota Security Hospital, found Martinson competent to stand trial and gave opinions as to his mental status at the time of the collision.

Martinson ultimately waived a jury trial and asserted a mental-illness defense. The court bifurcated the trial, found Mar-tinson guilty of felony second-degree murder and criminal vehicular homicide, and rejected his mental-illness defense. The *890 court acknowledged Martinson’s major mental illness but did not believe it was “florid” at the time of the collision.

Despite rejecting Martinson’s mental-illness defense, the court found that his “mental condition is a substantial and compelling factor justifying a downward [dura-tional] departure,” and sentenced Martin-son to an executed term of 75 months instead of the presumptive 150 months.

The record available to the court for sentencing showed that Martinson was suffering from paranoid schizophrenia at the time of the incident and detailed his past psychiatric history. He began to develop delusional paranoia in the late 1990s, which manifested itself in the belief that his former co-workers at Distinguished Craftsmen, Inc., (DCI) had enlisted the help of “mobsters” to track him down and kill him.

In the summer of 2000, Martinson was exposed to a mixture of bleach and toxic cleaning chemicals while training with his army reserve unit. Initially treated for lung irritation, Martinson was eventually diagnosed with psychotic delusions and was hospitalized. Army records indicate he was convinced the army and the psychiatric hospital personnel were attempting to kill him.

After his release, his paranoia became more extensive. He refused to eat food from New York or New Jersey where the “Italian Mafioso” lived, thought poisonous gas was being sprayed into his apartment, and attempted to patch tiny holes in the wall and ceiling with toothpaste. He told evaluators that he discovered a surveillance camera in his television and that he routinely checked his car for bombs before using it.

By the fall of 2000, Martinson believed that C.A.M. was his only source of protection, that she protected him against assassination, and that she was the only one who could provide food that was not poisoned. However, he eventually “discovered” that C.A.M. worked for the CIA or secret service. This discovery led to the belief that her superiors wanted him dead because they preferred unmarried employees.

In November, C.A.M. began to demand that Martinson seek mental-health treatment. He realized that she would leave him if he refused. The psychological report explained that

[h]e was thus caught between the understanding that if he did not seek treatment, he would lose his wife and his sole protector who kept him from harm at the hands of DCI and the Mafia. On the other hand, if he went into the hospital to accede to her demands, the doctors there would kill him. Finally, if he stayed with her, he recognized that she might have her own motivations to do him harm relative to her role with the Feds.

As Martinson and C.A.M. were driving on the morning of the incident, she told him “we have to have a talk.” He later recalled that he “was thinking she was going to let DCI get [him] because she was sick of [him], [He] didn’t know who she was working for. [He] thought it was the Secret Service.” Shortly after his wife’s comments, he turned his wheel abruptly to the left and swerved into oncoming traffic. C.A.M. died immediately.

At trial, Martinson presented a defense of not guilty by reason of mental illness. The district court found he did not establish that his mental condition at the time of the incident satisfied the M’Naghten standard for a mental-illness defense, and rejected the defense. The district court found that respondent suffers from a major mental illness but rejected respondent’s mental-illness defense because his condition was not “florid” at the time of *891 the crimes, and found him guilty. Reciting orally on the record findings as to respondent’s mental illness, the court departed durationally from the presumptive guidelines sentence. The district court sentenced Martinson to a downward durational departure of 75 months in prison instead of the presumptive sentence of 150 months. On appeal, the state challenges the district court’s departure from the sentencing guidelines, claiming the court erred in failing to properly support the decision on the record.

ISSUES

1. Did the court abuse its discretion in departing downward from the sentencing guidelines?

2. Did the court err by failing to provide written findings to support its departure?

ANALYSIS

I.

a. Substantial and Compelling Circumstances

The state contends that the district court abused its discretion in departing durationally from the presumptive guidelines sentence because there are no substantial and compelling circumstances to support a downward departure. This court reviews a departure from the sentencing guidelines for an abuse of discretion. State v. Schmit, 601 N.W.2d 896, 898 (Minn.1999). The district court has broad discretion to depart if substantial and compelling circumstances exist, and this court generally will not interfere with the exercise of that discretion. State v. Kindem, 313 N.W.2d 6, 7 (Minn.1981). Mental impairment that causes an offender to lack substantial capacity for judgment when the offense was committed will support a downward departure. Minn. Sent. Guidelines II.D.2.a.(3).

Recognizing that the presumptive sentence provided by the sentencing guidelines will not be “appropriate, reasonable, or equitable” in every case, the guidelines commission determined that it was appropriate to allow sentencing courts, on occasion, to depart from the presumptive sentence. Id. cmt. II.D.01. But departures are permitted only when the case involves substantial and compelling circumstances. Id. II.D.

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671 N.W.2d 887, 2003 Minn. App. LEXIS 1445, 2003 WL 22889579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-martinson-minnctapp-2003.