State v. Yaritz

791 N.W.2d 138, 2010 Minn. App. LEXIS 169, 2010 WL 4825056
CourtCourt of Appeals of Minnesota
DecidedNovember 30, 2010
DocketNo. A10-14
StatusPublished
Cited by12 cases

This text of 791 N.W.2d 138 (State v. Yaritz) 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. Yaritz, 791 N.W.2d 138, 2010 Minn. App. LEXIS 169, 2010 WL 4825056 (Mich. Ct. App. 2010).

Opinion

OPINION

LARKIN, Judge.

Appellant challenges his sentence of 288 months for one count of first-degree criminal sexual conduct, claiming that the district court abused its discretion by imposing an upward durational departure from the presumptive sentence of 144 to 173 months. Appellant argues that the district court relied on aggravating factors that were either not legally appropriate or not proved. Because the district court relied on legally permissible aggravating factors, which are factually supported by the record, and because the sentence does not otherwise constitute an abuse of discretion, we affirm.

FACTS

In June 2009, appellant Harold David Yaritz lived with his wife, daughter, and two stepchildren. Early in the morning hours of June 6, Yaritz entered the bedroom of his 17-year-old stepdaughter, L.A. As L.A. slept, Yaritz applied a chloroform-soaked sock to her face. Yaritz would later testify that he knew that if he chloroformed L.A. while she slept, she would not wake up during the impending sexual assault. After ensuring that L.A. was defenseless, Yaritz took off her clothing, put his penis against her lips, and inserted his fingers into her vagina. Yar-itz also took a close-up photograph of L.A.’s vagina after he used his fingers to [142]*142spread the lips of her vagina. Taking fall advantage of L.A.’s helpless state, Yaritz posed L.A. in different positions and took 14 still photographs of her. He also made three separate video recordings of his assault.

As Yaritz filmed the third video, L.A. began to wake up. Yaritz got on top of her, held her down, and again applied the chloroform to her face. As shown on one of the video recordings, L.A. began to kick and scream, causing Yaritz’s wife to enter the bedroom. Yaritz chased his wife out of the room, and she called the police. At approximately 3:00 a.m., St. Paul police officers were dispatched to the home. Yaritz refused to cooperate with the police, and a Tazer was used to subdue him.

The state charged Yaritz with one count of criminal sexual conduct in the first degree in violation of Minn.Stat. § 609.342, subd. l(e)(ii) (2008), and one count of use of a minor in a sexual performance in violation of Minn.Stat. § 617.246, subd. 2 (2008). The state notified Yaritz of its intent to seek an aggravated sentence. Yaritz pleaded guilty to both counts pursuant to a plea agreement and waived his right to a trial on aggravated sentencing factors. The plea agreement, capped Yar-itz’s potential sentence at 288 months.

At the guilty-plea hearing, Yaritz testified that he blamed L.A. for his failing relationship with his wife and that he felt the need to control or punish L.A. Yaritz admitted that he researched different chloroform companies on the Internet and that he purchased the chloroform online. Yar-itz testified that he transferred the chloroform to a “Melatonin” bottle because the dropper on that bottle would make it easier to apply the chloroform to a sock. He admitted that he tore L.A.’s vagina during the assault and that the chloroform caused surface burns to L.A.’s face and vagina.

At the sentencing hearing, the state sought a sentence of 288 months. Yaritz requested 173 months, which is the high end of the applicable presumptive-sentence range of 144 to 173 months. The district court found that aggravating factors justify a departure from the presumptive range and sentenced Yaritz to serve 288 months in prison on his first-degree criminal-sexual-conduct conviction. The district court found that the following circumstances justify the upward durational departure: the particular cruelty with which Yaritz treated L.A., L.A.’s double vulnerability as a person who was asleep and then chloroformed, Yaritz’s multiple acts of sexual abuse, Yaritz’s planning and sophistication, and Yaritz’s use of chloroform as a dangerous weapon. The district court did not impose a sentence on the use-of-a-minor-in-a-sexual-performance offense. Yaritz appeals.

ISSUES

I. Did the district court err by failing to make findings of fact in support of its stated departure grounds?

II. Did the district court err by relying on impermissible departure grounds or grounds that are not factually supported by the record?

III. Did the district court abuse its discretion by imposing an aggravated sentence of 288 months?

ANALYSIS

“The Minnesota Sentencing Guidelines were created to promote uniformity, proportionality, rationality, and predictability in sentencing.” State v. Edwards, 774 N.W.2d 596, 601 (Minn.2009). The legislature, through the guidelines, seeks to ensure that “sanctions following conviction of a felony are proportional to the severity of the offense of conviction and the extent of the offender’s criminal [143]*143history.” Minn. Sent. Guidelines I (2008). Departures from the presumptive sentence are intended to be the exception, having application “to a small number of cases.” State v. Misquadace, 644 N.W.2d 65, 68 (Minn.2002). Unless there are “substantial and compelling circumstances” to warrant an upward departure, the district court must order the presumptive sentence provided by the guidelines. Minn. Sent. Guidelines II.D (2008). Substantial and compelling circumstances exist when “the defendant’s conduct in the offense of conviction was significantly more or less serious than that typically involved in the commission of the crime in question.” Misquadace, 644 N.W.2d at 69.

When departing from the sentencing guidelines, a district court must state the reasons why substantial and compelling circumstances justify a sentencing departure. See Minn. Sent. Guidelines II.D (stating, “in exercising the discretion to depart from a presumptive sentence, the judge must disclose in writing or on the record the particular substantial and compelling circumstances that make the departure more appropriate than the presumptive sentence”). “The guidelines provide a nonexclusive list of aggravating factors that may be used as reasons for departure.” State v. Jones, 745 N.W.2d 845, 848 (Minn.2008); see also Minn. Sent. Guidelines II.D.2.(b). “[W]hether a particular reason for an upward departure is permissible is a question of law, which is subject to a de novo standard of review.” State v. Grampre, 766 N.W.2d 347, 350 (Minn.App.2009), review denied (Minn. Aug. 26, 2009). We review a district court’s departure from the sentencing guidelines for an abuse of discretion. Id. “If the reasons given for an upward departure are legally permissible and factually supported in the record, the departure will be affirmed.” Edwards, 774 N.W.2d at 601.

I.

We begin with Yaritz’s complaint that the district court failed to make factual findings in support of its stated departure grounds. Any fact, other than a prior conviction, that is necessary to support a sentence greater than the maximum authorized by the facts established by a guilty plea or guilty verdict must either be admitted by the defendant or proved to a jury beyond a reasonable doubt. Blakely v. Washington, 542 U.S. 296, 301, 303-04, 124 S.Ct. 2531, 2536-37, 159 L.Ed.2d 403 (2004).

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Cite This Page — Counsel Stack

Bluebook (online)
791 N.W.2d 138, 2010 Minn. App. LEXIS 169, 2010 WL 4825056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-yaritz-minnctapp-2010.