Cited by
Opinions in Minnesota that cite State v. Randolph, 316 N.W.2d 508.
- State of Minnesota v. Ethan Joseph Metzer Minn. Ct. App. 2024
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State of Minnesota v. Ethan Joseph Metzer
Minn. Ct. App. 2024
Second, Metzer argues that the district court erred when it imposed these probationary conditions because they departed “from the spirit of the Sentencing Guidelines.” To support his argument
- State of Minnesota v. Ezra Atera Bogonko 6 N.W.3d 481 Minn. Ct. App. 2024
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State of Minnesota v. Ezra Atera Bogonko
6 N.W.3d 481
Minn. Ct. App. 2024
Bogonko relies on two cases, to support his argument that the district courts erred by granting his demands to execute his sentences.
- State of Minnesota v. Margaret Ann Frank Minn. Ct. App. 2024
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State of Minnesota v. Margaret Ann Frank
Minn. Ct. App. 2024
-11 (Minn. 1982); see also Minn. Stat. § 609.135, subd.
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State of Minnesota, Respondent
Minn. Ct. App. 2022
But a defendant with a stayed sentence has the right to request execution of that sentence “when the conditions of probation make probation more onerous than prison.” ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
In 1982, though, the Minnesota Supreme Court held that a defendant with a stayed sentence has the right to demand execution of that sentence “if the conditions of probation make probation more onerous than prison.” State v. Randolph
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- Joseph Jermaine Henderson v. State of Minnesota Minn. Ct. App. 2014
- Joseph Jermaine Henderson v. State of Minnesota Minn. Ct. App. 2014
- State of Minnesota v. Erik Alan Vacek Minn. Ct. App. 2014
- State of Minnesota v. Erik Alan Vacek Minn. Ct. App. 2014
- Pageau v. State 820 N.W.2d 271 Minn. Ct. App. 2012
- State v. McKenzie 542 N.W.2d 616 Minn. 1996
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State v. McKenzie
542 N.W.2d 616
Minn. 1996
(defendants generally serve a minimum of two-thirds of total sentence in prison if no prison rules are violated, and a maximum of one-third on supervised release).
- State v. Henderson 527 N.W.2d 827 Minn. 1995
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State v. Henderson
527 N.W.2d 827
Minn. 1995
Standards for Criminal Justice 2d ed. § 18-2.3(c)(ii) (ABA 1980); c.f. Lydon v. City of North St.
- State v. Rasinski 472 N.W.2d 645 Minn. 1991
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State v. Rasinski
472 N.W.2d 645
Minn. 1991
This court first considered a defendant’s
- State v. Rasinski 464 N.W.2d 517 Minn. Ct. App. 1991
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State v. Rasinski
464 N.W.2d 517
Minn. Ct. App. 1991
the Minnesota Supreme Court held: [I]f the conditions of probation make probation more onerous than prison and if it cannot be demonstrated that society’s interests suffer by vacating the probation sentence, the defendant should be allowed to refuse probation and demand execution of sentence.
- State v. Parson 457 N.W.2d 261 Minn. Ct. App. 1990
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State v. Parson
457 N.W.2d 261
Minn. Ct. App. 1990
The supreme court established the right of a criminal defendant to demand execution of a sentence and refuse probation "if the conditions of probation make probation more onerous than prison * *
- State v. Gilbertson 455 N.W.2d 59 Minn. 1990
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State v. Gilbertson
455 N.W.2d 59
Minn. 1990
Because the imposition of a long probationary jail term “may, in effect, constitute a de facto departure from the presumptive sentence established by the Sentencing Guidelines,” that the total amount of probationary jail time a defendant may be required to serve generally cannot exceed two-thirds of the presumptive prison sentence duration under the Sentencing Guidelines.
- State v. Samarzia 452 N.W.2d 727 Minn. Ct. App. 1990
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State v. Samarzia
452 N.W.2d 727
Minn. Ct. App. 1990
ANALYSIS Appellant contends that he had an “absolute” and that the court erred in its replacement sentence.
- State v. McElderry 422 N.W.2d 23 Minn. Ct. App. 1988
- State v. McElderry 422 N.W.2d 23 Minn. Ct. App. 1988
- Seifert v. Erickson 420 N.W.2d 917 Minn. Ct. App. 1988
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Seifert v. Erickson
420 N.W.2d 917
Minn. Ct. App. 1988
(defendant earning good time serves two thirds of his sentence, then is released on supervised release for a period equal to his good time earned); pet.
- State v. Sheppheard 407 N.W.2d 477 Minn. Ct. App. 1987
- State v. Sheppheard 407 N.W.2d 477 Minn. Ct. App. 1987
- Bail v. State 391 N.W.2d 8 Minn. Ct. App. 1986
- Bail v. State 391 N.W.2d 8 Minn. Ct. App. 1986
- State v. Barg 389 N.W.2d 727 Minn. Ct. App. 1986
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State v. Barg
389 N.W.2d 727
Minn. Ct. App. 1986
At a subsequent probation revocation hearing where a probation violation was determined because of the subsequent assault conviction
- State v. Martin 387 N.W.2d 476 Minn. Ct. App. 1986
- State v. Martin 387 N.W.2d 476 Minn. Ct. App. 1986
- State v. Stanger 370 N.W.2d 484 Minn. Ct. App. 1985
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State v. Stanger
370 N.W.2d 484
Minn. Ct. App. 1985
the supreme court noted: “While a defendant may prefer to go to prison, society also has an interest that may well include a period of incarceration of the defendant followed by the threat of prison as a means of encouraging a defendant to accept treatment, make restitution, change his life style, or othe
- State v. Nelson 364 N.W.2d 857 Minn. Ct. App. 1985
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State v. Nelson
364 N.W.2d 857
Minn. Ct. App. 1985
A revocation hearing was held, on November 19, 1984, and Nelson’s
- State v. Hill 363 N.W.2d 906 Minn. Ct. App. 1985
- State v. Hill 363 N.W.2d 906 Minn. Ct. App. 1985
- State v. Stacey 359 N.W.2d 671 Minn. Ct. App. 1984
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State v. Stacey
359 N.W.2d 671
Minn. Ct. App. 1984
At sentencing, the trial court rejected a defense objection to the sentence and an implicit request, for execution of the sentence.
- State v. Schmidt 357 N.W.2d 357 Minn. Ct. App. 1984