State of Minnesota v. Daniel Lee Haley

Skahopee, Minnesota domestic assault criminal defense lawyer represented the Defendant.

On August 11, 2021, appellant Daniel Lee Haley pleaded guilty to felony domestic assault against the mother of his children (to whom we refer as Jane Doe), successfully moved the district court for a downward dispositional sentencing departure, and was placed on probation for a five-year term. A little over one year later, on August 28, 2022, Haley went to Doe's home to visit her and the children, notwithstanding his knowledge that the contact was prohibited by an active harassment restraining order (HRO). The state charged Haley with violating that HRO, and Haley pleaded guilty to violating it within ten years of the first of two or more previous qualified domestic-violence-related convictions[1] in violation of Minn. Stat. § 609.748, subd. 6(d)(1) (2022). The district court released Haley from custody to treatment pending sentencing.



Before the sentencing hearing, Haley filed notice of his intent to move for a sentencing departure and submitted supporting documents, including four letters of support, mental-health and chemical-dependency assessments, and treatment reports. At the hearing, Haley's attorney explained that, since the instant offense, Haley had been diagnosed with and had begun treatment for a mental illness. He further explained that, in addition to mental illness, Haley struggled with alcohol abuse. The attorney argued that Haley's conduct was less serious than the typical HRO violation, describing the conduct as "de minimis" because the "victim had already applied to the court to have that no contact order dropped." Doe also spoke, agreeing that Haley had made significant progress in the five months since the offense. And Haley spoke on his own behalf, providing additional context for the actions he had taken since his offense, which included seeking medical treatment for his mental-health issues, attending therapy, becoming employed, and getting baptized in his church.



The district court denied the departure motion, emphasizing the fact that Haley had received a dispositional departure for the 2021 domestic-assault conviction and that, at the time of the previous departure, Haley had been receiving mental-health treatment. In light of these facts, the district court implicitly concluded that Haley's conduct was not less serious than the typical HRO violation and explicitly concluded that Haley was not particularly amenable to probation or treatment and that there was no basis to depart. The district court sentenced Haley to the presumptive sentence of 24 months' imprisonment.



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Affirmed.



State v. Haley, A23-1783 (Minn. App. Sep 16, 2024)