Former Minneapolis Police Officer, Derek Chauvin, sentenced to 22 and 1/2 years in prison
The case is ripe with appellate issues
Derek Chauvin, the former Minneapolis police officer, convicted of murder in the death of George Floyd, has been sentenced to 22 and a half years in prison. (By law, allowing for good behavior while in prison, he will have 1/3rd of the sentence deducted). The ruling was well within the Minnesota Sentencing Guidelines.
Although the judge announced that a 22-page memorandum would address legal analysis for arriving at the sentence, he noted that Chauvin’s actions were unusually cruel, an aggravating factor.
A Guideline sentence would have been 150 months. Accordingly, the sentence was a departure.
The case is ripe with appellate issues. One of the counts Chauvin was convicted of included a jury finding that he acted with a depraved mind (third-degree murder). That issue is already before the Minnesota Supreme Court. Since today’s sentence appears to be controlled by the second-degree murder conviction, it is doubtful that the length of Chauvin’s sentence would be altered if his conviction of that count is reversed. However, the impact of a reversal could impact other appellate issues.
Another issue for appeal is that the court should have granted the defense motion for a venue change. Our opinion is that the case should have been removed from Hennepin County. The defense has raised other issues for appeal.