A recent Minnesota Court of Appeals decision offers a useful reminder: not every fleeing case is a high-speed chase, and Minnesota district courts, including Hennepin County, have real discretion when the facts don’t fit the typical mold.
In State v. Wentz, decided April 20, 2026, the three-judge panel on the Minnesota Court of Appeals affirmed a downward durational departure that reduced a felony fleeing charge to a gross misdemeanor—despite the prosecutor’s appeal arguing the Nicollet County District Court relied on improper grounds.
The Facts
A state trooper pulled over a driver for speeding. The driver stopped, but when asked for his license, he refused, rolled up his window, and eventually drove away. That much sounds like a standard fleeing charge.
But what happened next changed the analysis:
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The driver drove under 45 miles per hour.
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He stayed in the right lane, used his turn signals, and obeyed traffic laws.
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When law enforcement boxed him into a parking lot, he stopped.
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There were no crashes, no 100-mph pursuits, and no spike strips.
The driver, who has autism, entered an Alford plea—maintaining his innocence but acknowledging the state could prove the charge. The Nicollet County District Court judge sentenced him to 364 days, stayed most of that time, and deemed the conviction a gross misdemeanor under Minn. Stat. § 609.13, subd. 1(2).
The State’s Argument
The state appealed, arguing the district court based its departure on improper speculation about the driver’s autism diagnosis, with no documentation in the record. The state also claimed no other evidence supported a downward departure.
Why the Court of Appeals Affirmed
The Court of Appeals gave two independent reasons for affirming the lower court’s decision:
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Intent to Flee: The district court relied on a proper factor—intent. The court questioned whether the driver actually intended to flee, which is an essential element of the offense under Minnesota Statutes section 609.487, subdivision 3. A defendant’s conduct that does not fit squarely within the statute’s prohibition can justify a departure.
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Atypical Fleeing Conduct: Even if the comments regarding autism were problematic, the record itself contained sufficient grounds. The driver voluntarily stopped for the trooper initially, then drove in a manner completely unlike typical fleeing cases.
The appellate court reviewed 11 recent fleeing decisions and found that most involved high-speed chases, crashes, or safety-related terminations of pursuit. The driver’s case had none of those aggravating factors.
As the Minnesota Court of Appeals noted, a downward durational departure is justified when the defendant’s conduct was “significantly less serious than that typically involved in the commission of the offense.” The driver’s conduct here met that standard.
The Takeaway
District courts have broad sentencing discretion. When the facts of a case—especially on intent-based offenses—depart meaningfully from the norm, a downward durational departure can survive appellate review. Importantly, even if a district court gives an imperfect reason, the appellate court may independently examine the record to find proper grounds to affirm.
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For Defense Counsel: This case reinforces the value of putting the full factual record before the court, including video evidence.
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For Prosecutors: It’s a reminder that not every fleeing charge will look like a typical chase case.
Note: The opinion is nonprecedential, but its reasoning is persuasive—and a sign that Minnesota appellate courts will take a hard look at the real conduct, not just the statutory violation.
