Cited by

Opinions in Minnesota that cite State v. Garcia, 302 N.W.2d 643.

295 citing documents.

State v. Scott 373 N.W.2d 661 Minn. Ct. App. 1985
State v. Scott 373 N.W.2d 661 Minn. Ct. App. 1985
“Only the court, acting in accordance with the Guidelines, and not the parties, has the authority to determine the appropriate sentence.” -38 (Minn.Ct.App.1984), pet.
State v. Halverson 373 N.W.2d 618 Minn. Ct. App. 1985
State v. Halverson 373 N.W.2d 618 Minn. Ct. App. 1985
the Guidelines state that when substantial and compelling circumstances are present, the judge ‘may’ depart.
State v. Cameron 370 N.W.2d 486 Minn. Ct. App. 1985
State v. Cameron 370 N.W.2d 486 Minn. Ct. App. 1985
Minnesota Sentencing Guidelines II.D; Minn.R.
State v. Peake 366 N.W.2d 299 Minn. 1985
State v. Peake 366 N.W.2d 299 Minn. 1985
However, the trial court has discretion to depart from the presumptive sentence when the offense involves “substantial and compelling circumstances.”
State v. O'BRIEN 364 N.W.2d 901 Minn. Ct. App. 1985
State v. O'BRIEN 364 N.W.2d 901 Minn. Ct. App. 1985
Minn.Sentencing Guidelines II.D.
State v. Montgomery 363 N.W.2d 869 Minn. Ct. App. 1985
State v. Theisen 363 N.W.2d 867 Minn. Ct. App. 1985
State v. Montgomery 363 N.W.2d 869 Minn. Ct. App. 1985
the Guidelines state that when substantial and compelling circumstances are present, the judge “may” depart.
State v. Theisen 363 N.W.2d 867 Minn. Ct. App. 1985
the Guidelines state that when substantial and compelling circumstances are present, the judge “may” depart.
State v. Olson 359 N.W.2d 53 Minn. Ct. App. 1984
State v. Olson 359 N.W.2d 53 Minn. Ct. App. 1984
the Guidelines state that when substantial and compelling circumstances are present, the judge “may” depart.
State v. Pince 358 N.W.2d 435 Minn. Ct. App. 1984
State v. Pince 358 N.W.2d 435 Minn. Ct. App. 1984
This argument, however, where the Court specifically held that a negotiated plea on the sentence to be imposed may not be relied on to justify a sentencing departure.
State v. Zeigler 356 N.W.2d 736 Minn. Ct. App. 1984
State v. Zeigler 356 N.W.2d 736 Minn. Ct. App. 1984
State v. Saharath 355 N.W.2d 312 Minn. Ct. App. 1984
State v. Saharath 355 N.W.2d 312 Minn. Ct. App. 1984
The trial court has discretion to depart from the presumptive sentence under the guidelines if the offense involves “substantial and compelling circumstances.”
State v. Winchell 352 N.W.2d 447 Minn. Ct. App. 1984
State v. Winchell 352 N.W.2d 447 Minn. Ct. App. 1984
ANALYSIS The trial court has authority to depart from a presumptive sentence, provided the offense involves “substantial and compelling circumstances.” Section II.D, Minn. Sentencing Guidelines; Rule 27.03(4)(C), Minn.R.Crim.P.
State v. Dillard 355 N.W.2d 167 Minn. Ct. App. 1984
State v. Dillard 355 N.W.2d 167 Minn. Ct. App. 1984
the Guidelines state that when substantial and compelling circumstances are present, the judge ‘may’ depart.
State v. Malinski 353 N.W.2d 207 Minn. Ct. App. 1984
State v. Malinski 353 N.W.2d 207 Minn. Ct. App. 1984
ANALYSIS The trial court has authority to depart from a presumptive sentence, provided that the court finds the offense involves “substantial and compelling circumstances.” Section II.D, Minn. Sentencing Guidelines; Rule 27.03(4)(C), Minn.R.
State v. Jeno 352 N.W.2d 82 Minn. Ct. App. 1984
State v. Jeno 352 N.W.2d 82 Minn. Ct. App. 1984
State v. Cook 351 N.W.2d 385 Minn. Ct. App. 1984
State v. Cook 351 N.W.2d 385 Minn. Ct. App. 1984
ANALYSIS The trial court has discretion to depart from the presumptive sentence under the guidelines if the offense involves “substantial and compelling circumstances.”
State v. Campion 353 N.W.2d 573 Minn. Ct. App. 1984
State v. Campion 353 N.W.2d 573 Minn. Ct. App. 1984
Ture v. State 353 N.W.2d 518 Minn. 1984
Ture v. State 353 N.W.2d 518 Minn. 1984
State v. Kinsky 348 N.W.2d 319 Minn. 1984
State v. Kinsky 348 N.W.2d 319 Minn. 1984
This court has stated that there must exist “ ‘substantial and compelling circumstances' justifying departure.”
State v. Cermak 344 N.W.2d 833 Minn. 1984
State v. Gissendanner 343 N.W.2d 668 Minn. 1984
Kilcoyne v. State 344 N.W.2d 394 Minn. 1984
Kilcoyne v. State 344 N.W.2d 394 Minn. 1984
State v. Cermak 344 N.W.2d 833 Minn. 1984
State v. Gissendanner 343 N.W.2d 668 Minn. 1984
State v. Hines 343 N.W.2d 869 Minn. Ct. App. 1984
State v. Hines 343 N.W.2d 869 Minn. Ct. App. 1984
State v. Broten 343 N.W.2d 38 Minn. 1984
State v. Broten 343 N.W.2d 38 Minn. 1984
State v. Pickett 343 N.W.2d 670 Minn. Ct. App. 1984
State v. Pickett 343 N.W.2d 670 Minn. Ct. App. 1984
the Guidelines state that when substantial and compelling circumstances are present, the judge “may” depart.