Cited by
Opinions in Minnesota that cite State v. Kindem, 313 N.W.2d 6.
-
State of Minnesota v. Furman Street
Minn. Ct. App. 2024
We “will reverse the district court’s refusal to depart from a presumptive sentence only in a ‘rare’ case.” (), rev. denied (Minn. Dec.
- State of Minnesota v. Camille Lashay Dennis-Bond Minn. Ct. App. 2024
- State of Minnesota v. Derrick Timothy Days Minn. Ct. App. 2024
- State of Minnesota v. Elvis Joko Porte Minn. Ct. App. 2024
- State of Minnesota v. Derrick Timothy Days Minn. Ct. App. 2024
- State of Minnesota v. Elvis Joko Porte Minn. Ct. App. 2024
- State of Minnesota v. Camille Lashay Dennis-Bond Minn. Ct. App. 2024
- State of Minnesota v. Kenneth Bernard Lax Minn. Ct. App. 2024
- State of Minnesota v. Kenneth Bernard Lax Minn. Ct. App. 2024
- 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
-
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 v. Ryan Adam Burbul 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
-
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 v. Jessica Ann Kong Minn. Ct. App. 2023
- State of Minnesota v. Damon Marvin Henning, Jr. Minn. Ct. App. 2023
-
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
-
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 v. Abdullahi Abshir Abdullahi Minn. Ct. App. 2023
- State of Minnesota v. Luis Alejandro Esteban Esquivel Minn. Ct. App. 2023
-
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 v. John Paul Raymond Bye Minn. Ct. App. 2023
-
State of Minnesota v. Weston Marshal Voeltz
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 v. Marcus Allen Owens, Jr. Minn. Ct. App. 2023
-
State of Minnesota v. Aaron Morris Swenson
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 v. Ger Vang Minn. Ct. App. 2023
-
State of Minnesota v. Michael Paul Kuklok
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”).
-
State of Minnesota v. Nathan Edward Garrett
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).
-
State of Minnesota v. Nicholas Isaiah Antoine James
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)
-
State of Minnesota v. Sterling Royce Haukom
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 v. George Jerry Matlock Minn. Ct. App. 2023
- State of Minnesota v. Cha NMN Yang Minn. Ct. App. 2023
-
State of Minnesota v. Gordy Lee Burkhart
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 v. Robert Anthony Winston Minn. Ct. App. 2023
- State of Minnesota v. Collin Charles Koerner Minn. Ct. App. 2023
- State of Minnesota v. Tommy Junior McCall Minn. Ct. App. 2023
-
State of Minnesota v. Brandon John Schmidt
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 v. Robert Allen Mrozek Minn. Ct. App. 2023
- State of Minnesota v. Ramon Cantu Minn. Ct. App. 2023
- State of Minnesota v. Christopher Todd Smith Minn. Ct. App. 2023
- State of Minnesota v. Benjamin Jacob Hunt Minn. Ct. App. 2023
-
State of Minnesota v. Kenneth Scott Adams, Jr.
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 v. Julian Leon Hooks Minn. Ct. App. 2023
- State of Minnesota v. Robert John Virnig Minn. Ct. App. 2023
-
State of Minnesota v. Allison Wesley
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).