Cited by
Opinions in Minnesota that cite State v. Kindem, 313 N.W.2d 6.
- State of Minnesota v. Gavin Patrick Meany Minn. Ct. App. 2024
- State of Minnesota v. Gavin Patrick Meany Minn. Ct. App. 2024
- State of Minnesota v. Jason Cole Hence Minn. Ct. App. 2024
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State of Minnesota v. Jason Cole Hence
Minn. Ct. App. 2024
The district court has “broad discretion” in sentencing, and an appellate court will only reverse a district court’s refusal to depart in a “rare case.”
- State of Minnesota, Respondent, Minn. Ct. App. 2024
- State of Minnesota v. Christopher Eric Vines Minn. Ct. App. 2024
- State of Minnesota v. Terrick Anthony Ruffin Minn. Ct. App. 2024
- State of Minnesota v. Christopher Eric Vines Minn. Ct. App. 2024
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State of Minnesota v. Terrick Anthony Ruffin
Minn. Ct. App. 2024
see also Minn. Sent’g Guidelines 2.D.1 (stating 4 that a “court may depart from the presumptive disposition” of a guidelines sentence if “there exist identifiable, substantial, and compelling circumstances to support a departure”).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota v. Damon Marvin Henning, Jr. Minn. Ct. App. 2023
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State of Minnesota v. Damon Marvin Henning, Jr.
Minn. Ct. App. 2023
see also Minn. Sent’g Guidelines 2.D.1 (stating that a “court may depart from the presumptive disposition or duration” of a guidelines sentence if “there exist identifiable, substantial, and compelling circumstances to support a departure”).
- State of Minnesota v. Joseph John Hall Minn. Ct. App. 2023
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State of Minnesota v. Joseph John Hall
Minn. Ct. App. 2023
see also Minn. Sent’g Guidelines 2.D.1 (stating that a “court may depart from the presumptive disposition” of a guidelines sentence if “there exist identifiable, substantial, and compelling circumstances to support a departure”).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota v. Luis Alejandro Esteban Esquivel Minn. Ct. App. 2023
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State of Minnesota v. Luis Alejandro Esteban Esquivel
Minn. Ct. App. 2023
Accordingly, a refusal to depart from the presumptive sentence will be reversed only in “a rare case.”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent, vs.
Minn. Ct. App. 2023
A district court may depart from the presumptive sentence only when there are “identifiable, substantial, and compelling circumstances to support a departure.” Minn. Sent’g Guidelines 2.D.1 (2021)
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“This court will not generally review a district court’s exercise of its discretion to sentence a defendant when the sentence imposed is within the presumptive guidelines range.” rev. denied (Minn. July 20, 2010); (noting that only in a “rare case” will a reviewing court overturn a presumptive sentence); (noting that a presumptive sentence will generally not be modified “absent compelling circumstances”).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
see also Minn. Sent’g Guidelines 2.D.1 (2020) (stating that 4 a “court may depart from the presumptive disposition” of a guidelines sentence if “there exist identifiable, substantial, and compelling circumstances to support a departure”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
A district court may depart from the presumptive sentence under the Minnesota Sentencing Guidelines “when substantial and compelling circumstances are present.” see also Minn. Sent’g Guidelines 2.D.1 (2020).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
A district court may depart from the presumptive sentence only when there are “identifiable, substantial, and compelling circumstances to support a departure.” Minn. Sent’g Guidelines 2.D.1 (2018)
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
A district court may depart from the presumptive sentence only when there are “identifiable, substantial, and compelling circumstances to support a departure.” Minn. Sent’g Guidelines 2.D.1 (2020); 1 Respondent State of Minnesota charged Haukom with this crime in violation of Minnesota Statutes section 609.2112, subdivision 1(a)(2)(i) (2020).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
A district court may depart from these guidelines only when there are “identifiable, substantial, and compelling circumstances to support a departure.” Minn. Sent’g Guidelines 2.D.1 (Supp. 2021)
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
A district court may depart from the presumptive guidelines sentence only when there are “identifiable, substantial, and compelling circumstances to support a departure.” Minn. Sent’g Guidelines 2.D.1 (2020)
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
A district court may depart from the presumptive sentence only when there are “identifiable, substantial, and compelling circumstances to support a departure.” Minn. Sent’g Guidelines 2.D.1 (202 1)
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
A district court may depart from the presumptive sentence under the Minnesota Sentencing Guidelines “when substantial and compelling circumstances are present.” see also Minn. Sent’g Guidelines 2.D.1 (2020).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“This means that the [district] court has broad discretion and that [appellate courts] generally will not interfere with the exercise of that discretion.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
A district court may depart from the presumptive sentence only when there are “identifiable, substantial, and compelling circumstances to 4 support a departure.” Minn. Sent’g Guidelines 2.D.1 (2018)
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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Xanth Tyler Wilkins, petitioner, Appellant,
Minn. Ct. App. 2023
A district court may depart from the presumptive sentence in the Minnesota Sentencing Guidelines “when substantial and compelling circumstances are present.” accord Minn. Sent’g Guidelines 2.D.1 (2018).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
A district court may depart from the presumptive sentence only when there are “identifiable, substantial, and compelling circumstances to support a departure.” Minn. Sent’g Guidelines 2.D.1 (2020)
- State of Minnesota, Respondent, Minn. Ct. App. 2022