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732 N.W.2d 249

State v. Osborne

Supreme Court of Minnesota

Decided June 7, 2007

Supreme Court of Minnesota · decided 2007-06-07

Cited by 3 later decisions — most recently September 2013

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2007-06-07

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PAGE, Justice

¶1(concurring).

¶2I join in the concurrence of Justice Meyer.

HANSON, Justice

¶3(concurring).

¶4I join in the concurrence of Justice Meyer.

PAGE, Justice

¶5(concurring).

¶6I concur in the result reached by the court. On the record presented, while a close question, the district court did not abuse its discretion when it revoked Osborne’s probation. I also agree with the comments made by Justice Meyer in her concurrence.

¶7I write separately to simply note that, while it is true, as the district court found, that Osborne was a high risk to re-offend, it is also true, on the record presented, that his risk of re-offense at the time his probation was revoked was no higher than it was when he was first placed on probation. If anything, his risk of re-offense may have even been less than it was at the time he was placed on probation. Notwithstanding Osborne’s marijuana use (which the district court apparently found to be a minor concern), the record appears to support Osborne’s contention that, while on probation, he had gone the longest period in his life without offending.

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