Cited by
Opinions in Minnesota that cite State v. Austin, 295 N.W.2d 246.
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
U N P U B L I S H E D O P I N I O N REYES, Judge On appeal from the district court’s order revoking probation and executing sentence, appellant argues that the district court: (1) abused its discretion by revoking his probation without making findings pursuant to State v. Austin , 2 (2) extended his probationary period past the five-year statutory maximum; and (3) abused its discretion in sentencing him to a double-upward durational departure on his third count of possession of child pornography
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A17-1750
Minn. Ct. App. 2018
sed on the evidence and admissions in the record, the district court must: (1) “designate the specific condition or conditions ” that were violated , (2) “find the violation was inexcusable or intentional,” and (3) determine that “the need for confinement outweighs the policies favoring probation.” State v. Modtland , ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
2(1)(c)b. When revoking probation, the district court must: “1) designate the specific condition or conditions that were violated; 2) find that the violation was intentional or inexcusable; and 3) find that need for confinement outweighs the policies favoring probation.” 50 (Minn. 1980).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
The district court has “broad discretion in determining if there is sufficient evidence to revoke probation and should be reversed only if there is a clear abuse of that discretion.” -50 (Minn. 1980).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
D E C I S I O N The district court “has broad discretion in determining if there is sufficient evidence to revoke probation.” -50 (Minn. 1980).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
Before revoking probation and executin g the stayed sentence, the district court must “(1) designate the specific condition or conditions that were violated; (2) find that the violation was intentional or inexcusable; a nd (3) find that the need for confinement outweighs the policies favoring probation.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
ed to attend the aftercare program, but was discharged because 1 Prior to revoking probation, the district court must “1) designate the specific condition or conditions that were violated; 2) find that the violation was intentional or inexcusable; and 3) find that need for confinement outwe ighs the policies favoring probation.”
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
See State v. Modtland , State v. Austin
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
State v. Austin , -50 (Minn. 1980).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
U N P U B L I S H E D O P I N I O N PETERSON, Judge In this appeal from his sentence following a probation violation, appellant argues that the district court (1) erred by failing to apply the analysis set forth in State v. Austin, 2 before revoking a stay of adjudication and imposing a stay of imposition and (2) incorrectly calculated his jail credit.
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A17-0040
Minn. Ct. App. 2017
-50 (Minn. 1980) (probation revocation); Lussier v. State , (quotation omitted) (postconviction).
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In the Matter of the Welfare of: J. P. R., Child
Minn. Ct. App. 2017
4 A district court is not required to follo w 1 when revoking probation in a juvenile- delinquency proceeding.
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
D E C I S I O N The district court has “broad discretion in determining if there is sufficient evidence to revoke probation and should be reversed only if there is a clear abuse of that discretion.” -50 (Minn. 1980).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
D E C I S I O N Before a district court revokes a defendant’s probation, it “must (1) designate the specific condition or conditions that were violated; (2) find that the violation was intentional or inexcusable; and (3) find that need for confinement outweighs the policies favoring probation.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“The [district] court has broad discreti on in determining if there is sufficient evidence to revoke probation and should be reve rsed only if there is a clear abuse of that discretion.” State v. Austin , -50 (Min n. 1980).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
D E C I S I O N “The [district] court has broad discretion in determining if there is sufficient evidence to revoke probation and should be reversed only if there is a clear abuse of that discretion.” State v. Austin , -50 (Minn. 1980).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
Despite the lengthy colloquy between Beaulieu and the district court, and states that “probation reflexively sought revocation.
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
Before revoking an offender’s probation, a district court must “1) designate the specific condition or conditions that were violated; 2) find that the violation was intentional or inexcusable; and 3) find that need for confinement outweighs the policies favoring probation.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“The [district] court has broad discretion in determining if there is sufficient evidence to revoke probation and should be reversed only if there is a clear abuse of that discretion.” -50 (Minn. 1980).
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- A16-0684 Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
State v. Austin , -50 (Minn. 1 980).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
Prior to revoking probation, a district court must (1) “designate the specific condition or co nditions that were violated,” (2) “find that the violation was intentional or inexcusable,” and (3) “find that need for confinement outweighs the policies favoring probation.”
- State of Minnesota v. Jesse Tyler Schafer Minn. Ct. App. 2017
- State of Minnesota v. Jesse Tyler Schafer Minn. Ct. App. 2017
- State of Minnesota v. Kyle Jon Wilczek Minn. Ct. App. 2017
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State of Minnesota v. Kyle Jon Wilczek
Minn. Ct. App. 2017
Before revoking probation, a district court “must (1) designate the specific condition or conditions that were violated; (2) find that the violation was intentional or inexcusable; and (3) find that need for confinement outweighs the policies favoring probation.”
- State of Minnesota v. Lenny Clyde White Minn. Ct. App. 2017
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State of Minnesota v. Lenny Clyde White
Minn. Ct. App. 2017
The district court “has broad discretion in determining if there is sufficient evidence to revoke probation and should be reversed only if there is a clear abuse of that discretion.” -50 (Minn. 1980).
- State of Minnesota v. Aamir Karmoeddien Minn. Ct. App. 2017
- State of Minnesota v. Aamir Karmoeddien Minn. Ct. App. 2017
- State of Minnesota v. Deandre Lashawn Robinson Minn. Ct. App. 2017
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State of Minnesota v. Deandre Lashawn Robinson
Minn. Ct. App. 2017
A district court may revoke probation only if the court (1) “designate[s] the specific condition” of probation that has been violated, (2) “find[s] that the violation was intentional or inexcusable,” and (3) finds that the “need for confinement outweighs the policies favoring probation.” d 246, 250 (Minn. 1980)
- State of Minnesota v. Cole Michael Habinger Minn. Ct. App. 2016
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State of Minnesota v. Cole Michael Habinger
Minn. Ct. App. 2016
3 DECISION “A district court has ‘broad discretion in determining if there is sufficient evidence to revoke probation and should be reversed only if there is a clear abuse of that discretion.’” (-50 (Minn. 1980)).
- State of Minnesota v. Braden Jay Olson Minn. Ct. App. 2016
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State of Minnesota v. Braden Jay Olson
Minn. Ct. App. 2016
The district court viewed the December 2015 hearing as a probation revocation, rather than an initial sentencing
- State of Minnesota v. Vaundell DuWayne Kingbird Minn. Ct. App. 2016
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State of Minnesota v. Vaundell DuWayne Kingbird
Minn. Ct. App. 2016
DECISION Before revoking probation, a district court must conduct a three-step analysis: “the court must (1) designate the specific condition or conditions that were violated; (2) find that the violation was intentional or inexcusable; and (3) find that need for confinement outweighs the policies favoring probation.”
- State of Minnesota v. Kamal Elyas Maqadin Minn. Ct. App. 2016
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State of Minnesota v. Kamal Elyas Maqadin
Minn. Ct. App. 2016
DECISION “A district court has ‘broad discretion in determining if there is sufficient evidence to revoke probation and should be reversed only if there is a clear abuse of that discretion.’” (–50 (Minn. 1980)).
- State of Minnesota v. Obataye Ogunmola Powell Minn. Ct. App. 2016
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State of Minnesota v. Obataye Ogunmola Powell
Minn. Ct. App. 2016
UNPUBLISHED OPINION BJORKMAN, Judge Appellant challenges the revocation of his probation, arguing that this court should adopt a for probationers whose sentences include a lifetime conditional-release term.
- State of Minnesota v. Jarvaughn Douglas Washington Minn. Ct. App. 2016