Cited by
Opinions in Minnesota that cite State v. Kindem, 313 N.W.2d 6.
- State of Minnesota v. Damien Damonte Carey Minn. Ct. App. 2021
- State of Minnesota v. Kenneth Freeland Jami Morrow, Jr. Minn. Ct. App. 2021
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State of Minnesota v. Quyla Chaquita Dennise Fisher
Minn. Ct. App. 2021
The district court has broad sentencing discretion, State v. Kindem, 3 but may not depart downward from the presumptive sentence designated by the sentencing guidelines absent substantial and compelling mitigating circumstances, Minn. Sent.
- State of Minnesota v. Ronny Ray Oleson Minn. Ct. App. 2021
- State of Minnesota v. Nicole Antoinette Miller Minn. Ct. App. 2021
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State of Minnesota v. Thomas Joseph Incantalupo
Minn. Ct. App. 2021
ce is 7 reviewed with the understanding that “[a district court] judge sits with a unique perspective on all stages of a case, including sentencing, a nd the [district court] judge is in the best position to evaluate the offender’s c onduct and weigh se ntencing options,” Hough, d at 397, and that the district court has “broad discretion” in sentencing decisions
- State of Minnesota v. Alex Bernard Cuffy Minn. Ct. App. 2021
- State of Minnesota v. Eugene Foster Cole Minn. Ct. App. 2020
- Nicholas Adam Willard v. State of Minnesota Minn. Ct. App. 2020
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State of Minnesota v. Christian Hamzah Coleman
Minn. Ct. App. 2020
We “generally will not interfere with sentences that are within the presumptive [guidelines] range,” State v. Freyer , and reverse imposition of 4 presumptive sentences only in “rare” cases, State v. Delk , (quoting State v. Kindem , ), review denied (Minn. July 20, 2010).
- State of Minnesota v. Mark Terrance Ross Minn. Ct. App. 2020
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State of Minnesota v. Jesus Manuel Valdez
Minn. Ct. App. 2020
We will reverse a district court ’s refusal to depart from the presumptive sentence only in a “rare case.”
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State of Minnesota v. Cory Anthony Klingelhoets
Minn. Ct. App. 2020
(noting this court seldom overturns presumptive sentences without compelling circumstances) , review denied (Minn. July 20, 2010).
- State of Minnesota v. John Oliver Dybedahl Minn. Ct. App. 2020
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State of Minnesota v. Dane Michael Vandervoort
Minn. Ct. App. 2020
“[I]t would be a ra re case which would warrant reversal of the refusal to depart.”
- State of Minnesota v. Daniel Roy Luckhardt Minn. Ct. App. 2020
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State of Minnesota v. Anthony Jefferson
Minn. Ct. App. 2020
“Only in a ‘rare’ case will a reviewing court reverse imposition of a presumptive sentence.” (), review denied (Minn. July 20, 2010).
- State of Minnesota v. Shawn Michael Tillman Minn. Ct. App. 2020
- State of Minnesota v. Alize Khudari Perkins Minn. Ct. App. 2020
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State of Minnesota v. Terrell Reese Schaeffer
Minn. Ct. App. 2020
See State v. Kindem , (recognizing that sentencing guidelines state that district court may depart when substantial and compelling reasons are present).
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State of Minnesota v. Christopher Michael Guzik
Minn. Ct. App. 2020
“Only in a ‘rare’ case will a reviewing court reverse imposition of a presumptive sentence.” (), review denied (Minn. July 20, 2010).
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State of Minnesota v. Chad Michael Gibson
Minn. Ct. App. 2020
State v. Delk , review denied (Minn. July 20, 2010).
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State of Minnesota v. Levar Randolph Mitchell
Minn. Ct. App. 2020
d 217, 223 (Minn. App. 1988) (“An appellate court will not g enerally review the [district] court’s exercise of its discretion in cases where the sentence imposed is within the presumptive range.” (quotation omitted)), review denied (Minn. Apr.
- State of Minnesota v. Eduardo Delariva-Larios Minn. Ct. App. 2020
- State of Minnesota v. Aretina Tiaira Williams Minn. Ct. App. 2020
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State of Minnesota v. Aldray Devon Young
Minn. Ct. App. 2020
“[I]t would be a rare case which would warrant reversal of the refusal to depart.”
- State of Minnesota v. Travis James Fritz Minn. Ct. App. 2020
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State of Minnesota v. Dean Robert Minnerath
Minn. Ct. App. 2020
“Only in a ‘rare’ case will a reviewing court reverse imposition of a presumptive sentence.” d 426, 428 (Minn. App. 2010) (quoting State v. Kindem , ), review denied (Minn. July 20, 2010).
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State of Minnesota v. Arron Michael Bergstrom
Minn. Ct. App. 2020
(quoting State v. Kindem
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State of Minnesota v. Cameron Pierre Richmond, Sr.
Minn. Ct. App. 2020
“Only in a ‘rare’ case will a reviewing court reverse imposition of a presumptive sentence.” (), review denied (Minn. July 20, 2010).
- State of Minnesota v. Robert Alonzo Richardson Minn. Ct. App. 2020
- State of Minnesota v. Nyla Tomeka Murrell-French Minn. Ct. App. 2020
- State of Minnesota v. Anthony Terrell Hemphill Minn. Ct. App. 2020
- State of Minnesota v. Saudi Askari-Habib Miller Minn. Ct. App. 2020
- State of Minnesota v. Daniel Anthony Cruz Hernandez Minn. Ct. App. 2020
- State of Minnesota v. Jeffrey George Ackerson, Jr. Minn. Ct. App. 2020
- State of Minnesota v. Scott Allen Lipe Minn. Ct. App. 2020
- State of Minnesota v. Tony Le Minn. Ct. App. 2020
- State of Minnesota v. Chad Joseph Shaw Minn. Ct. App. 2020
- State of Minnesota v. Peter Roy Byrnes Minn. Ct. App. 2020
- Roilan Garriga v. State of Minnesota Minn. Ct. App. 2020
- State of Minnesota v. Trent Theodore Horning Minn. Ct. App. 2020
- State of Minnesota v. Karla Jean Winterfeld Minn. Ct. App. 2019
- State of Minnesota v. Aaron Duviaze Taylor Minn. Ct. App. 2019
- State of Minnesota v. Darrell Wayne Brownbull, Jr. Minn. Ct. App. 2019
- State of Minnesota v. Jeffrey Varlyn Sharp Minn. Ct. App. 2019
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State of Minnesota v. Oscar Armando Vargas
Minn. Ct. App. 2019
A district court has broad discretion in deciding whether to depart, and this court will reverse only if there is “a clear abuse of discretion.” review denied (Minn. Mar.
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State of Minnesota v. Ali Joshua Jalil Robida
Minn. Ct. App. 2019
-8 (Minn. 1981) (affirming imposition of a presumptive sentence for aiding and abetting a robbery).
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State of Minnesota v. Justin Lee Brown
Minn. Ct. App. 2019
7 depart,” State v. Kindem , (quotation omitted) .
- State of Minnesota v. Timothy Daniel Miller Minn. Ct. App. 2019