Cited by
Opinions in Minnesota that cite State v. Schantzen, 308 N.W.2d 484.
-
State v. Harwell
515 N.W.2d 105
Minn. Ct. App. 1994
If the record supports a finding of substantial and compelling circumstances, this court will not interfere with the sentence “unless it has a ‘strong feeling’ that the sentence is disproportional to the offense.” ().
- State v. Patterson 511 N.W.2d 476 Minn. Ct. App. 1994
-
State v. Patterson
511 N.W.2d 476
Minn. Ct. App. 1994
“If the record supports findings that substantial and compelling circumstances exist,” a reviewing court will not interfere with the trial court’s discretion “unless it has a ‘strong feeling’ that the sentence is disproportional to the offense.” ().
- State v. Stirens 506 N.W.2d 302 Minn. 1993
-
State v. Stirens
506 N.W.2d 302
Minn. 1993
Two examples of such cases are State v. Evans, 311 ’ N.W.2d 481 (Minn.1981)
- State v. Kimmons 502 N.W.2d 391 Minn. Ct. App. 1993
-
State v. Kimmons
502 N.W.2d 391
Minn. Ct. App. 1993
If the record supports the trial court’s findings of substantial and compelling circumstances, a reviewing court will uphold the sentence “unless it has a ‘strong feeling’ that the sentence is disproportionate to the offense.” ().
- State v. Herrmann 479 N.W.2d 724 Minn. Ct. App. 1992
- State v. Herrmann 479 N.W.2d 724 Minn. Ct. App. 1992
- State v. O'HAGAN 474 N.W.2d 613 Minn. Ct. App. 1991
-
State v. O'HAGAN
474 N.W.2d 613
Minn. Ct. App. 1991
“If the record supports findings that substantial and compelling circumstances exist,” a reviewing court will not interfere with the trial court’s discretion “unless it has a ‘strong feeling’ that the sentence is disproportionate to the offense.” ().
- State v. Anderson 463 N.W.2d 551 Minn. Ct. App. 1990
- State v. Anderson 463 N.W.2d 551 Minn. Ct. App. 1990
- State v. Schenk 427 N.W.2d 12 Minn. Ct. App. 1988
- State v. Schenk 427 N.W.2d 12 Minn. Ct. App. 1988
- State v. Frank 416 N.W.2d 744 Minn. Ct. App. 1987
-
State v. Frank
416 N.W.2d 744
Minn. Ct. App. 1987
While Frank’s sentence was 3.76 times that of the guidelines, the broad discretion of the trial court will not be disturbed unless there is a “strong feeling that the sanction imposed exceeds * * ⅜ the severity of the offense.”
- State v. Horoshak 415 N.W.2d 404 Minn. Ct. App. 1987
-
State v. Horoshak
415 N.W.2d 404
Minn. Ct. App. 1987
The trial court is accorded broad discretion and we will not interfere absent a “strong feeling that the sanction imposed exceeds or is less than that ‘proportional to the severity of the offense of conviction and the extent of the offender’s criminal history.’ ” (quoting Minnesota Sentencing Guidelines, Statement of Purpose and Principles).
- State v. Williams 414 N.W.2d 781 Minn. Ct. App. 1987
-
State v. Williams
414 N.W.2d 781
Minn. Ct. App. 1987
DECISION The appellate court will not modify the departure unless it has a “strong feeling” that the sentence is disproportional to the offense and “that the trial judge exceeded his discretion in assessing the sanction.” see Minn.Stat.
- State v. Strommen 411 N.W.2d 540 Minn. Ct. App. 1987
-
State v. Strommen
411 N.W.2d 540
Minn. Ct. App. 1987
ANALYSIS Broad discretion is accorded the sentencing court, which will not be disturbed unless there is a “strong feeling that the sanction imposed exceeds * * * that proportional to the severity of the offense.” ().
- State v. Gaines 408 N.W.2d 914 Minn. Ct. App. 1987
- State v. Gaines 408 N.W.2d 914 Minn. Ct. App. 1987
- State v. Harris 407 N.W.2d 456 Minn. Ct. App. 1987
-
State v. Harris
407 N.W.2d 456
Minn. Ct. App. 1987
See Minnesota Sentencing Guidelines II.D.2.b(2); (gratuitous infliction of pain qualifies as “particular cruelty”).
- State v. Gettel 404 N.W.2d 902 Minn. Ct. App. 1987
-
State v. Gettel
404 N.W.2d 902
Minn. Ct. App. 1987
Trial courts are afforded broad discretion in departing durationally when sentencing, and absent a “strong feeling that the sanction imposed exceeds or is less than that ‘proportional to the severity of the offense * * ” this court will not disturb the sentence.
- State v. Franson 403 N.W.2d 920 Minn. Ct. App. 1987
- State v. Franson 403 N.W.2d 920 Minn. Ct. App. 1987
- State v. Schroeder 401 N.W.2d 671 Minn. Ct. App. 1987
-
State v. Schroeder
401 N.W.2d 671
Minn. Ct. App. 1987
The trial court is accorded broad discretion and we will not interfere absent a “strong feeling that the sanction imposed exceeds or is less than that ‘proportional to the severity of the offense of conviction and the extent of the offender’s criminal history.’ ” (quoting Minnesota Sentencing Guidelines, Statement of Purpose and Principles).
- State v. Litzinger 391 N.W.2d 82 Minn. Ct. App. 1986
- State v. Litzinger 391 N.W.2d 82 Minn. Ct. App. 1986
- State v. Staten 390 N.W.2d 914 Minn. Ct. App. 1986
- State v. Sturm 391 N.W.2d 87 Minn. Ct. App. 1986
-
State v. Sturm
391 N.W.2d 87
Minn. Ct. App. 1986
Minn. Sentencing Guidelines and Commentary II.D.
- State v. Vogel 385 N.W.2d 35 Minn. Ct. App. 1986
- State v. Vogel 385 N.W.2d 35 Minn. Ct. App. 1986
- State v. Bottomley 384 N.W.2d 241 Minn. Ct. App. 1986
-
State v. Bottomley
384 N.W.2d 241
Minn. Ct. App. 1986
The trial court “is accorded broad discretion and we will not interfere absent a ‘strong feeling that the sanction imposed exceeds or is less than that proportional to the severity of the offense.’” ().
- State v. Titworth 381 N.W.2d 510 Minn. Ct. App. 1986
-
State v. Titworth
381 N.W.2d 510
Minn. Ct. App. 1986
The trial court “is accorded broad discretion and we will not interfere absent a ‘strong feeling that the sanction imposed exceeds or is less than that proportional to the severity of the offense.’ ” ().
- State v. Barber 372 N.W.2d 783 Minn. Ct. App. 1985
-
State v. Barber
372 N.W.2d 783
Minn. Ct. App. 1985
The trial court, then, is accorded broad discretion and we will not interfere absent a “strong feeling that the sanction imposed exceeds or is less than that proportional to the severity of the offense.”
- State v. Campbell 367 N.W.2d 454 Minn. 1985
- State v. Campbell 367 N.W.2d 454 Minn. 1985
- State v. Finbraaten 363 N.W.2d 473 Minn. Ct. App. 1985
- State v. Finbraaten 363 N.W.2d 473 Minn. Ct. App. 1985