Cited by
Opinions in Minnesota that cite State v. Randolph, 316 N.W.2d 508.
- State v. Schmidt 357 N.W.2d 357 Minn. Ct. App. 1984
- Raddatz v. State 355 N.W.2d 771 Minn. Ct. App. 1984
- Raddatz v. State 355 N.W.2d 771 Minn. Ct. App. 1984
- State v. Milbrad 355 N.W.2d 706 Minn. 1984
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State v. Milbrad
355 N.W.2d 706
Minn. 1984
defendant had a right to refuse probation and insist on execution of his sentence.
- State v. Sargent 355 N.W.2d 179 Minn. Ct. App. 1984
- State v. Petrin 354 N.W.2d 578 Minn. Ct. App. 1984
- State v. Burdick 355 N.W.2d 176 Minn. Ct. App. 1984
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State v. Petrin
354 N.W.2d 578
Minn. Ct. App. 1984
While a trial court technically may impose a probationary sentence for one crime and a concurrent executed sentence for another crime, such effort is wasted for two reasons: (1) appellant has the right to demand his probationary sentence be executed, and (2) there is no way to enforce defendant’s remaining probationary term once he is released from prison because he would have to be credited with the time already served on the executed sentence upon any sentence revocation.
- State v. Burdick 355 N.W.2d 176 Minn. Ct. App. 1984
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State v. Sargent
355 N.W.2d 179
Minn. Ct. App. 1984
Appellant’s counsel requested at sentencing that appellant’s
- State v. Horner 352 N.W.2d 789 Minn. Ct. App. 1984
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State v. Horner
352 N.W.2d 789
Minn. Ct. App. 1984
a defendant may choose prison over probation only if probation is more onerous than prison and if it cannot be demonstrated that society’s interest suffers by vacating the probation sentence.
- State v. Roesch 349 N.W.2d 348 Minn. Ct. App. 1984
- State v. Roesch 349 N.W.2d 348 Minn. Ct. App. 1984
- State v. Wesenberg 348 N.W.2d 117 Minn. Ct. App. 1984
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State v. Wesenberg
348 N.W.2d 117
Minn. Ct. App. 1984
Minn. Sentencing Guidelines II F
- State v. Ott 341 N.W.2d 883 Minn. 1984
- State v. Ott 341 N.W.2d 883 Minn. 1984
- State v. Sutherlin 341 N.W.2d 303 Minn. Ct. App. 1983
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State v. Sutherlin
341 N.W.2d 303
Minn. Ct. App. 1983
analyzed the dichotomy between society’s interests in having defendant participate in rehabilitative programs such as alcohol treatment, make restitution, and be supervised for a period on probation, and defend.ant’s right to insist on execution of a prison sentence where terms of probation are more onerou
- State v. Moore 340 N.W.2d 671 Minn. 1983
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State v. Moore
340 N.W.2d 671
Minn. 1983
3 establishes a defendant’s right to refuse probation and insist on execution of a stayed prison term.
- State v. Dillener 336 N.W.2d 268 Minn. 1983
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State v. Dillener
336 N.W.2d 268
Minn. 1983
which is relied upon by defendant, simply suggested that a practical way of discouraging defendants from rejecting probation is for trial courts to limit probationary jail time to one-half of the presumptive sentence, thereby making probation more desirable.
- State v. Olson 326 N.W.2d 661 Minn. 1982
- State v. Olson 326 N.W.2d 661 Minn. 1982
- State v. Wilwert 317 N.W.2d 346 Minn. 1982
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State v. Wilwert
317 N.W.2d 346
Minn. 1982
where we held that a similarly situated defendant had a right to refuse probation, controls the disposition of the issue of whether defendant has a right to refuse probation and insist on execution of the stayed concurrent prison terms.
- State v. Murto 316 N.W.2d 739 Minn. 1982
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State v. Murto
316 N.W.2d 739
Minn. 1982
While the appeal was pending, which controls.
- State v. Smith 316 N.W.2d 562 Minn. 1982
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State v. Smith
316 N.W.2d 562
Minn. 1982
Subsequently, which controls.