State v. Mendoza

638 N.W.2d 480, 2002 WL 172037
CourtCourt of Appeals of Minnesota
DecidedJanuary 31, 2002
DocketC5-01-994, C9-01-996
StatusPublished
Cited by41 cases

This text of 638 N.W.2d 480 (State v. Mendoza) 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. Mendoza, 638 N.W.2d 480, 2002 WL 172037 (Mich. Ct. App. 2002).

Opinions

OPINION

WILLIS, Judge.

In consolidated appeals, appellants challenge their sentences for convictions of conspiracy to commit controlled-substance crime in the first degree. They argue that the district court’s refusal to grant mitigated dispositional departures was improperly based on their alienage and national origin. We conclude that the district court did not sentence appellants on the basis of their national origin. But because the district court erred by considering their immigration status and possible deportation and therefore by not exercising its sentencing discretion, we reverse and remand for re-sentencing.

FACTS

Appellants Josefina Sanchez Mendoza and Veronica Soto Alvarez, both Mexican nationals, were charged with multiple counts of first-degree controlled-substance crime, a violation of Minn.Stat. § 152.021 (2000), and one count of conspiracy to commit first-degree controlled-substance crime, a violation of Minn.Stat. § 152.096, subd. 1 (2000). They negotiated plea agreements with the state under which they pleaded guilty to the counts of con[482]*482spiracy and were allowed to argue for mitigated sentencing departures.

The complaints alleged that between March 2 and July 6, 2000, appellants conspired with each other to possess or sell cocaine. In pleading guilty, Sanchez Mendoza admitted that she and Soto Alvarez agreed to hold cocaine for later sale by a third party; Soto Alvarez admitted that at Sanchez Mendoza’s request, she received money for the cocaine on behalf of the third party. Both acknowledged that their convictions may affect their immigration status.

At the consolidated sentencing hearing, appellants moved for mitigated dispositional departures on the ground that they were amenable to probation; Soto Alvarez claimed the additional grounds of her young age, lack of criminal record and capacity for judgment, and minor role in the crime. The state argued that the record did not support mitigated departures and, alternatively, that because appellants would be deported if placed on probation, they were not amenable to probation.

The probation officer who prepared the presentence reports testified that (1) she had no basis for recommending mitigated dispositional departures; (2) the Immigration and Naturalization Service (INS) told her that it would begin deportation proceedings against appellants when they became available; (3) she could not supervise appellants’ probation if they were deported; and (4) “if one isn’t available for probation, being amenable is kind of a moot point.”

The district court determined that

[tjhese are cases that there are arguments both ways, and the complicating factor is obviously the INS situation, which makes the otherwise possible option of some kind of a local disposition really impossible and impractical!,]

and imposed 81-month prison sentences, which are within the presumptive-sentence range for appellants’ offenses and criminal-history scores of zero. See Minn. Sent. Guidelines IV, V. This consolidated appeal follows.

ISSUES

I. Did the district court err by basing its sentencing decision on appellants’ alien-age?

II. Did the district court err by basing its sentencing decision on appellants’ national origin?

ANALYSIS

A mitigated departure from a presumptive sentence under the sentencing guidelines may be imposed only if “substantial and compelling” circumstances are present. State v. Kindem, 813 N.W.2d 6, 7 (Minn.1981). A decision to depart from the sentencing guidelines rests within the district court’s broad discretion and will not be reversed absent an abuse of discretion. State v. Givens, 544 N.W.2d 774, 776 (Minn.1996). Only in a “rare case” will a reviewing court reverse a district court’s imposition of a presumptive sentence. Kindem, 313 N.W.2d at 7.

I.

Appellants argue that, although the district court recognized that substantial and compelling circumstances supported mitigated dispositional departures, it concluded that because they were subject to deportation, it could not order probation. They contend that because the district court would have departed from the presumptive sentence had they been United States citizens and thus not subject to deportation, the district court based its sentencing decision on their alienage. Sentencing a defendant on the basis of alienage is unconstitutional. United States [483]*483v. Onwuemene, 933 F.2d 650, 651 (8th Cir.1991).

Appellants’ argument assumes that the district court recognized that substantial and compelling circumstances were present. It did not; it stated only that there were “arguments both ways.” At best, this statement supports a claim that the district court acknowledged the existence of reasons both for and against departures. But the district court also stated that “the complicating factor is obviously the INS situation, which makes the otherwise possible option of some kind of a local disposition really impossible and impractical.”

Thus, the question arises of whether the district court (1) made a considered decision to impose presumptive sentences or (2) merely acknowledged that there were reasons for and against departures but decided, because appellants would be deported if placed on probation, that it had no choice but to impose presumptive sentences. If the district court has discretion to depart from a presumptive sentence, it must exercise that discretion by deliberately considering circumstances for and against departure. State v. Curtiss, 353 N.W.2d 262, 264 (Minn.App.1984); see State v. Spain, 590 N.W.2d 85, 88 (Minn.1999) (stating that a sentencing court has no discretion to depart from sentencing guidelines unless mitigating or aggravating factors are present).

This question, in turn, raises two issues. First, we must determine whether the district court’s consideration of appellants’ immigration status and possible deportation, as evinced by its reference to “the INS situation,” was proper and, if so, whether that status precluded probation as a possible sentencing disposition. If the district court properly considered appellants’ immigration status and correctly concluded that probation was precluded, the district court had no discretion to make mitigated dispositional departures and thus no discretion to exercise. Second, because the district court did not identify any circumstances supporting departure, we must determine whether such circumstances exist. If there are none, the district court had no discretion to depart from the presumptive sentence and thus no discretion to exercise. Spain, 590 N.W.2d at 88.

A. Immigration Status

Although we find no published Minnesota case that discusses the effect of immigration status on sentencing, the supreme court has held that possible deportation is a collateral, not a direct, consequence of a guilty plea and therefore is not a ground for plea withdrawal. Alanis v. State, 583 N.W.2d 573, 578-79 (Minn.1998); see Barragan v.

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Bluebook (online)
638 N.W.2d 480, 2002 WL 172037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mendoza-minnctapp-2002.