Cited by
Opinions in Minnesota that cite State v. Schantzen, 308 N.W.2d 484.
- Luke Joshua Cain, Respondent, Minn. Ct. App. 2026
- State of Minnesota v. Isaac Gutierrez Minn. Ct. App. 2025
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State of Minnesota v. Isaac Gutierrez
Minn. Ct. App. 2025
As to the permissive length of a departure, the supreme court has stated that when a departure is justified, “the extent of the departure should be limited to that justified by the reason for departure.”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
She requests that this court “reduce the excessive sentence to a term that is commensurate to [her] level of culpability.” In general, “the extent of [an upward sentencing] departure should be limited to that justified by the reason for departure .” State v. Schantzen
- State of Minnesota v. Brock William Orwig Minn. Ct. App. 2016
- State of Minnesota v. Brock William Orwig Minn. Ct. App. 2016
- State of Minnesota, (A15-1247), (A15-1255) v. Randall Samuel Stempfley, (A15-1247), (A15-1255). A15-1247 Minn. Ct. App. 2016
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State of Minnesota, (A15-1247), (A15-1255) v. Randall Samuel Stempfley, (A15-1247), (A15-1255). A15-1247
Minn. Ct. App. 2016
for the proposition that the sentence in this case was disproportionate to the severity of the offense.
- State of Minnesota v. Charles Kenneth Redding Minn. Ct. App. 2016
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State of Minnesota v. Charles Kenneth Redding
Minn. Ct. App. 2016
He cites cases providing that an appellate court may modify a sentence in the interests of uniformity and fairness, or on “a strong feeling” that the sentence is not proportional to the severity of the crime and the defendant’s criminal history
- State of Minnesota v. Baruch Kefa Nieznanski Minn. Ct. App. 2015
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State of Minnesota v. Baruch Kefa Nieznanski
Minn. Ct. App. 2015
Generally, we “will not interfere with [the district court’s] discretion unless [we have] a ‘strong feeling’ that the sentence is disproportionate to the offense.” ().
- State of Minnesota v. Jose Arriage Soto, Jr. 855 N.W.2d 303 Minn. 2014
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State of Minnesota v. Jose Arriage Soto, Jr.
855 N.W.2d 303
Minn. 2014
Similarly, we have concluded that a district court abused its discretion by departing from the Sentencing Guidelines when the departure resulted in a sentence that was “disproportional to the severity of the offense of conviction and the extent of the offender’s criminal history as aggravated by the circumstances of the offense.” accord Spain, d at 89-90 .
- Matthew Thomas Fahey v. State of Minnesota Minn. Ct. App. 2014
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Matthew Thomas Fahey v. State of Minnesota
Minn. Ct. App. 2014
999) (stating that an appellate court’s decision whether to modify a sentence is based on its “collective collegial experience in reviewing a large number of criminal appeals from all the judicial districts”) (quotation omitted); (modifying a sentence that unfairly exaggerated the criminality of the defendant’s conduct); (stating that an appellate court may modify a departure if it has a strong feeling that the sentence imposed is disproportional to the severity of the offense and the extent of
- Tucker v. State 799 N.W.2d 583 Minn. 2011
- State v. Rourke 773 N.W.2d 913 Minn. 2009
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Explained
State v. Rourke
773 N.W.2d 913
Minn. 2009
-87 (Minn.1981), we explained that the fact that the defendant sprayed the handcuffed victims with chemicals supported the district court’s stated reason (particular cruelty) for imposing a sentence outside the range on the grid.
- State v. Jackson 749 N.W.2d 353 Minn. 2008
- State v. Thompson 720 N.W.2d 820 Minn. 2006
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State v. Thompson
720 N.W.2d 820
Minn. 2006
We have consistently held that an upward sentencing departure is appropriate if the trial court's reason for departure was based on the factors specified in the sentencing guidelines and if the extent of the departure was "limited to that justified by the reason for departure.”
- State v. Leja 684 N.W.2d 442 Minn. 2004
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State v. Leja
684 N.W.2d 442
Minn. 2004
The reasons for departure from the guidelines “are intended to describe specific situations involving only a small number of cases.”
- State v. Rourke 681 N.W.2d 35 Minn. Ct. App. 2004
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State v. Rourke
681 N.W.2d 35
Minn. Ct. App. 2004
see, (holding that offender acts with particular cruelty when he threatens to break every bone in victim’s body if -victim reports sexual abuse); (affirming upward dura-tional departure in sentence
- State v. Martinson 671 N.W.2d 887 Minn. Ct. App. 2003
- State v. Martinson 671 N.W.2d 887 Minn. Ct. App. 2003
- State v. Copeland 656 N.W.2d 599 Minn. Ct. App. 2003
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State v. Copeland
656 N.W.2d 599
Minn. Ct. App. 2003
Gratuitous infliction of pain will qualify as “particular cruelty.”
- State v. Lindsey 654 N.W.2d 718 Minn. Ct. App. 2002
- State v. Lindsey 654 N.W.2d 718 Minn. Ct. App. 2002
- State v. Law 620 N.W.2d 562 Minn. Ct. App. 2000
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State v. Law
620 N.W.2d 562
Minn. Ct. App. 2000
(stating an appellate court “will overturn the decision of the trial court upon reaching a ‘collegial conclusion’ that a sanction is disproportional to the severity of the crime” ()), review denied (Minn. Mar.
- State v. Sanders 598 N.W.2d 650 Minn. 1999
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State v. Sanders
598 N.W.2d 650
Minn. 1999
We “will not interfere with a trial court’s discretion in sentencing unless the sentence is disproportionate to the offense.” ().
- State v. Smallwood 594 N.W.2d 144 Minn. 1999
- State v. Smallwood 594 N.W.2d 144 Minn. 1999
- State v. Hough 585 N.W.2d 393 Minn. 1998
- State v. Hough 585 N.W.2d 393 Minn. 1998
- State v. Behl 573 N.W.2d 711 Minn. Ct. App. 1998
- State v. Behl 573 N.W.2d 711 Minn. Ct. App. 1998
- Perkins v. State 559 N.W.2d 678 Minn. 1997
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Perkins v. State
559 N.W.2d 678
Minn. 1997
This court has held that “[gratuitous infliction of pain * * * qualifies as ‘particular cruelty’ within II.D.2.b(2) of the Guidelines.” (holding that gratuitously spraying handcuffed robbery victims with mace constituted particular cruelty); (holding that defendant’s threat to 12-year-old sexual assault victim that he would break every bone in the boy’s body if he revealed the
- State v. Smith 541 N.W.2d 584 Minn. 1996
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State v. Smith
541 N.W.2d 584
Minn. 1996
Gratuitous infliction of pain will qualify as “particular cruelty.”
- Perkins v. State 540 N.W.2d 908 Minn. Ct. App. 1995
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Perkins v. State
540 N.W.2d 908
Minn. Ct. App. 1995
(threats “to break every bone” in victim’s body constitute particularly cruel conduct); (gratuitous infliction of pain qualifies as particular cruelty); -73 (Minn.App.1984) (upward departure proper where threats made to robbery victim were purely gratuitous and psychologically brutal).
- State v. Harwell 515 N.W.2d 105 Minn. Ct. App. 1994