Cited by
Opinions in Minnesota that cite State v. Trog, 323 N.W.2d 28.
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
Soto, d at 308 (d 28, 31 (Minn. 1982)).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Appellant,
Minn. Ct. App. 2023
To determine a person’s particular amenability to probation, courts have often considered “[n]umerous factors, including the defendant ’s age, his prior record, his remorse, his cooperation, hi s attitude while in court, and the support of friends and/or family.” .3 In 3 We observe that the Trog factors are often cited as factors for determining whether a defendant is particularly amenable to probation.
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State of Minnesota, Respondent, vs.
Minn. Ct. App. 2023
Factors to examine when considering a defendant’s particular amenability to individualized treatment in a probationary setting include “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. 2023
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.”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
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. 2023
4 In considering whether to grant a dispositional departure from the presumptive sentence, a district court may focus on the defendant’s “particular amenability to individualized treatment in a probationary setting.”
- 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 grant a downward dispositional departure when a defendant is “particularly amenable to individualized treatment in a probationary setting.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“[P]articular amenability to individualized treatment in a probationary setting [can] justify departure in the form of a stay of execution of a presumptively executed sentence.” .
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
The supreme court has recognized that several factors 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 v. Trog
- 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 downward dispositional departure may be based on a defendant ’s “particular amenability to individualized treatment in a probationary setting.” see also Minn. Sent’g Guidelines 2.D.3.a.(7) (2020).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
at 309 (quotation omitted); (listing factors relevant to particular amenability, including age, criminal history, remorse, cooperation, attitude while in court, and the support of friends and/or family).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
A downward dispositional departure may be based on a defendant’s “particular amenability to individualized treatment in a probationary setting.”
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Dean Robert Hoversten, petitioner, Appellant,
Minn. Ct. App. 2023
A district court may grant a downward dispositional departure based on a defendant’s “particular amenability to individualized treatment in a probationary setting.”
- 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
prior record, his remorse, his cooperation, his attitude while in court, and the support of friends and/or family.”
- State of Minnesota, Appellant, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
(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 all factors relevant to whether a dispositional departure is justified).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
(discussing factors for determining whether a defendant is particularly amenable to probation).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
attitude while in court, and the support of friends and/or family.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
4 In considering whether to grant a dispositional departure from the presumptive sentence, a district court may focus on the defendant’s “particular amenability to individualized treatment in a probationary setting.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
A downward dispositional departure may be based on a defendant’s “particular amenability to individualized treatment in a probationary setting.”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
Factors relevant to particular amenability to probation that can justify a downward dispositional departure include the defendant’ s age, prior record, remorse, cooperation, attitude while in court, and the support of friends or family, to which courts sometimes refer as the “Trog factors.” Soto, d at 310 (quoting State v. 5 Trog, ).
- 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
Among other things, a downward dispositional departure may be based on a defendant’s “particular amenability to individualized treatment in a probationary setting.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
(), rev. denied (Minn. Oct.
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Several factors “are relevant to a determination whether a defendant is particularly suitable to individualized treatment in a probationary setting.” d 28, 31 (Minn. 1982).
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Among other things, a downward dispositional departure may be based on a defendant’s “particular amenability to individualized treatment in a probationary setting.”
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Appellant, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
DECISION Appellant argues that the district court abused its discretion by denying his motion for a .
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Factors relevant to particular amenability to probation that can justify a dispositional departure include the defendant’s age, prior record, remorse, cooperation, attitude while in court, and the support of friends or family ; courts sometimes refer to these as the “ Trog factors.” Soto, d at 310 ( ).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
For a departure to be warranted on this basis, the defendant must be particularly amenable to probation—meaning that “the defendant’s amenability to probation distinguishes the defendant from most others and truly presents the substantial and compelling circumstances that are necessary to justify a departure.” Soto, d at 309 (quotation omitted); (listing factors relevant to particular amenability, including age, criminal history, remorse, cooperation, attitude while in court, and the support of
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
The “Trog factors” aid the district court in determining particular amenability to probation and include the defendant’s “age, prior record, remorse, cooperation, attitude while in court, and support of friends or family.” ().