Cited by
Opinions in Minnesota that cite State v. Freyer, 328 N.W.2d 140.
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
“This court will generally not exercise its authority to modify a sentence within the presumptive range ‘absent compelling circumstances.’” (), rev. denied (Minn. July 20, 2010).
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
A reviewing court “generally will not interfere with sentences that are within the presumptive sentence range.”
- State of Minnesota, Respondent, Minn. Ct. App. 2024
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
When the sentence is within that range, we will not exercise our authority to modify it “absent compelling circumstances.”
- State of Minnesota v. Bryant Jerome Stephenson Minn. Ct. App. 2024
- State of Minnesota v. Bryant Jerome Stephenson 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
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
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”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
Appellate courts “generally will not interfere with sentences that are within the presumptive sentence range.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
This court will reverse a district court’s imposition of a presumptive sentence only if warranted by “compelling circumstances.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Accordingly, the applicable caselaw is the well-developed caselaw—consisting of opinions issued both before and after Cermak and Womack—that an appellate court “generally will not interfere with a sentencing court’s decision to impose a term within the presumptive sentence range.” Delk, 8 d at 428
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
“[W]e generally will not interfere with sentences that are within the presumptive sentencing range.” State v. Freyer
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Appellate courts “generally will not interfere with sentences that are within the presumptive sentence range.” State v. Freyer , .
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
We only rarely reverse the imposition of a guidelines sentence, and will not modify it “absent compelling circumstances,”
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State of Minnesota, Respondent,
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).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
We “generally will not interfere with sentences that are within the presumptive sentence range.” State v. Freyer
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
Although we may modify a presumptive sentence, we will not do so “absent compelling circumstances.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
We “generally will not interfere with sentences that are within the presumptive sentence range.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
We “generally will not interfere with sentences that are within the presumptive sentence range.” State v. Freyer , .
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
We “generally will not interfere with sentences that are within the presumptive sentence range.” .
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
We do not modify sentences within the presumptive range “absent compelling circumstances.” see also Minn. Stat. § 244.11(b) (2014).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“[W]e generally will not interfere with sentences that are within the presumptive sentence range.”
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
But a district court’s broad sentencing discretion “is not a limitless grant of power,” State v. Warren , and appellate courts may reverse a presumptive sentence if warranted by “compelling circumstances.”
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota v. Charles ONeal Darby, Jr. Minn. Ct. App. 2016
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State of Minnesota v. Charles ONeal Darby, Jr.
Minn. Ct. App. 2016
“This court will generally not exercise its authority to modify a sentence within the presumptive range ‘absent compelling circumstances.’” Delk, d at 428 ().
- State of Minnesota v. Michael David Henderson Minn. Ct. App. 2016
- State of Minnesota v. Michael David Henderson Minn. Ct. App. 2016
- State of Minnesota v. Kabba Kangbateh 868 N.W.2d 10 Minn. 2015
- State of Minnesota v. Kabba Kangbateh 868 N.W.2d 10 Minn. 2015
- State of Minnesota v. Joseph Duane Gustafson, Jr. Minn. Ct. App. 2015
- State of Minnesota v. Joseph Duane Gustafson, Jr. Minn. Ct. App. 2015
- State of Minnesota v. Kanishka Shereal Molina Minn. Ct. App. 2014
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State of Minnesota v. Kanishka Shereal Molina
Minn. Ct. App. 2014
“[I]t would be a rare case which would warrant reversal” of a presumptive sentence, and appellate courts should modify presumptive sentences only under “compelling circumstances,”
- State of Minnesota v. Corey Lee Melde Minn. Ct. App. 2014
- David Laurence Hodges v. State of Minnesota Minn. Ct. App. 2014
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David Laurence Hodges v. State of Minnesota
Minn. Ct. App. 2014
Appellate courts “generally will not interfere with 10 sentences that are within the presumptive sentence range” and will “modify a sentence that is within the presumptive sentence range” only when there are “compelling circumstances.”
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State of Minnesota v. Corey Lee Melde
Minn. Ct. App. 2014
d 140, 142 (Minn. 1982).
- State v. Delk 781 N.W.2d 426 Minn. Ct. App. 2010
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State v. Delk
781 N.W.2d 426
Minn. Ct. App. 2010
This court will generally not exercise its authority to modify a sentence within the presumptive range “absent compelling circumstances.”
- State v. Elting 480 N.W.2d 152 Minn. Ct. App. 1992
- State v. Elting 480 N.W.2d 152 Minn. Ct. App. 1992
- State v. Hendrickson 406 N.W.2d 631 Minn. Ct. App. 1987
- State v. Hendrickson 406 N.W.2d 631 Minn. Ct. App. 1987
- State v. Schwab 404 N.W.2d 284 Minn. Ct. App. 1987
- State v. Schwab 404 N.W.2d 284 Minn. Ct. App. 1987
- State v. Stafford 385 N.W.2d 392 Minn. Ct. App. 1986