Cited by
Opinions in Minnesota that cite State v. Trog, 323 N.W.2d 28.
- State of Minnesota, Respondent, Minn. Ct. App. 2026
- State of Minnesota, Respondent, Minn. Ct. App. 2026
- State of Minnesota, Respondent, Minn. Ct. App. 2026
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State of Minnesota v. Misti Dawn Nelson
Minn. Ct. App. 2026
In determining whether a defendant is particularly amenable to probation, a district court may consider, among other things, “the defendant’s age, his prior record, his remorse, his cooperation, his attitude while in court, and the support of friends and/or family.”
- State of Minnesota, Respondent, Minn. Ct. App. 2026
- State of Minnesota, Respondent, Minn. Ct. App. 2026
- State of Minnesota, Respondent, Minn. Ct. App. 2026
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
Johnson’s arguments do not merit reversal of the sentence.2 1 (explaining that “the defendant’s age, his prior record, his remorse, his cooperation, his attitude while in court, and the support of friends and/or family, are relevant to a determination whether a defendant is particularly suitable to individualized treatment in a probationary setting”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
with the charged offenses and (2) by considering factors that were unrelated to the charged offenses in denying his motion 1 (explaining that “[n]umerous factors, including the defendant’s age, his prior record, his remorse, his cooperation, his attitude while in court, and the support of friends and/or family, are relevant to a determination whether a defendant is particularly suitable to individualized treatment in a p
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State of Minnesota, Appellant,
Minn. Ct. App. 2026
Particular Amenability to Treatment “[A] defendant ’s particular amenability to individualized treatment in a probationary setting will justify departure in the form of a stay of execution of a presumptively executed sentence.”
- State of Minnesota, Respondent, Minn. Ct. App. 2026
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
In determining whether a defendant is particularly amenable to probation so as to justify a downward dispositional departure, a district court may consider, among other things, “the defendant’s age, his prior record, his remorse, his cooperation, his attitude while in court, and the support of friends and/or family.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
“[A] defendant’s particular amenability to individualized treatment in a probationary setting will justify departure in 5 the form of a stay of execution of a presumptively executed sentence.”
- State of Minnesota, Respondent, Minn. Ct. App. 2026
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State of Minnesota, Appellant,
Minn. Ct. App. 2026
“[A] defendant’s particular amenability to individualized treatment in a probationary setting will justify departure in the form of a stay of execution of a presumptively executed sentence.”
- State of Minnesota, Respondent, Minn. Ct. App. 2026
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State of Minnesota, Appellant,
Minn. Ct. App. 2026
Although remorse may generally be relevant to a downward dispositional departure, it does not justify a downward durational departure “unless a defendant can show that his demonstrated remorse is directly related to the criminal conduct at issue and made that conduct significantly less serious than the typical conduct underlying the offense of conviction.” Solberg, d a
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
(articulating factors now referred to as “Trog factors”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
see Minn. Sent’g Guidelines 2.D.3 (listing nonexclusive factors that may be reasons for departure).
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
In determining whether a defendant is particularly amenable to probation , a district court may consider, among other things, “the defendant’s age, his prior record, his 11 remorse, his cooperation, his attitude while in court, and the support of friends and/or family.”
- State of Minnesota v. Dayonne Marquis Lachapelle Minn. Ct. App. 2026
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State of Minnesota v. Dayonne Marquis Lachapelle
Minn. Ct. App. 2026
The supreme court has recognized factors that may be relevant to a district court’s determination of whether a defendant is particularly amenable to probation, “including the defendant’s age, his prior record, his remorse, his cooperation, his attitude while in court, and the support of friends and/or family.”
- State of Minnesota, Respondent, Minn. Ct. App. 2026
- State of Minnesota v. Irineo Ricardo-Cosme Minn. Ct. App. 2026
- State of Minnesota v. Irineo Ricardo-Cosme Minn. Ct. App. 2026
- State of Minnesota v. Richard Harold Stone Minn. Ct. App. 2026
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State of Minnesota v. Richard Harold Stone
Minn. Ct. App. 2026
The district court addressed the factors identified in State v. Trog as relevant to its determination of whether Stone was “particularly suitable for individualized treatment in the probation setting.”
- State of Minnesota v. Tyler James Kennedy Minn. Ct. App. 2025
- State of Minnesota v. Sharmark Hussein Jama Minn. Ct. App. 2025
- State of Minnesota v. Tyler James Kennedy Minn. Ct. App. 2025
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State of Minnesota v. Sharmark Hussein Jama
Minn. Ct. App. 2025
When determining whether particular amenability to probation exists, a district court may consider the following factors: “the defendant’s age, his prior record, his remorse, his cooperation, his attitude while in court, and the support of friends and/or family.”
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
attitude while in court, and the support of friends and/or family.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
“Numerous factors, including the defendant’s age, his prior record, his remorse, his cooperation, his attitude while in court, and the support of friends and/or family, are relevant to a determination whether a defendant is particularly suitable to individualized treatment in a probationary setting.” see also Minn. Sent’g Guidelines 2.D.3 (2022).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
In the interim, Itoka filed a motion for a downward dispositional departure
- State of Minnesota v. Lee Daniel Kruger Minn. Ct. App. 2025
- State of Minnesota v. Lee Daniel Kruger Minn. Ct. App. 2025
- State of Minnesota, Respondent, Minn. Ct. App. 2025
- State of Minnesota, Respondent, vs. Jermaine Louis Fleming, Appellant Minn. Ct. App. 2025
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State of Minnesota, Respondent, vs. Jermaine Louis Fleming, Appellant
Minn. Ct. App. 2025
In determining whether a defendant is particularly amenable to probation so as to justify a downward dispositional departure, a district court may consider, among other things, “the defendant’s age, his prior record, his remorse, his cooperation, his attitude while in court, and the support of friends and/or family.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
See State v. Trog , (identifying a “defendant ’s age, his prior record, his remorse, his cooperation, [and] his attitude while in court” as factors that “are relevant to a determination whether a defendant is particularly suitable to individualized treatment in a probationary setting ”); see also Minn. Sent’g Guide
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
attitude while in court, and the support of friends and/or family.”
- State of Minnesota, Respondent, Minn. Ct. App. 2025
- State of Minnesota, Respondent, Minn. Ct. App. 2025
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
At a March 2024 plea hearing, Mayry entered straight guilty pleas to both counts.1 The state agreed that the counts “would merge for sentencing.” Following the plea hearing, Mayry filed a motion for a downward dispositional departure, (Trog factors).
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
Carlson’s counsel moved for a downward dispositional departure, (Trog factors).
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
“Numerous factors, including the defendant’s age, his prior 8 record, his remorse, his cooperation, his attitude while in court, and the support of friends and/or family, are relevant to a determination whether a defendant is particularly suitable to individualized treatment in a probationary setting.” State v. Trog