Cited by

Opinions in Minnesota that cite State v. Herberg, 324 N.W.2d 346.

92 citing documents.

  • State v. Johnson 450 N.W.2d 134 Minn. 1990
  • State v. Johnson 450 N.W.2d 134 Minn. 1990
    In a very limited number of cases — see, — we have concluded that severe aggravating circumstances were present justifying a durational departure of greater than two times the presumptive sentence.
  • State v. Secrest 437 N.W.2d 683 Minn. Ct. App. 1989
  • State v. Secrest 437 N.W.2d 683 Minn. Ct. App. 1989
    (defendant drove a short distance between two sexual contacts; court held the two acts were part of a single behavioral incident); (multiple sentencing for two acts of sexual penetration barred by § 609.035 because, although the contacts occurred in two separate counties after defendant drove victim a short distance, the relocation was to avoid discovery, so acts were part of a single course of conduct).
  • State v. Glaraton 425 N.W.2d 831 Minn. 1988
  • State v. Glaraton 425 N.W.2d 831 Minn. 1988
    It likewise noted that although respondent had a criminal history score of one, his 240-month sentence was the same as the one imposed on a compulsive sex offender having a
  • State v. King 414 N.W.2d 214 Minn. Ct. App. 1987
  • State v. King 414 N.W.2d 214 Minn. Ct. App. 1987
  • State v. Strommen 411 N.W.2d 540 Minn. Ct. App. 1987
  • State v. Strommen 411 N.W.2d 540 Minn. Ct. App. 1987
    Choking of the victim was a factor, among others, which justified a d at 52
  • State v. Gaines 408 N.W.2d 914 Minn. Ct. App. 1987
  • State v. Gaines 408 N.W.2d 914 Minn. Ct. App. 1987
    (defendant terrified victim, forced her to submit to various types of penetration, and subjected her to outrageously gross and vile physical abuse); pet.
  • State v. Leonard 400 N.W.2d 206 Minn. Ct. App. 1987
  • State v. Leonard 400 N.W.2d 206 Minn. Ct. App. 1987
  • State v. Mortland 399 N.W.2d 92 Minn. 1987
  • State v. Mortland 399 N.W.2d 92 Minn. 1987
    tances are present include: (upholding sentence of 480 months when presumptive sentence duration was 140 months, a sentence approximately 3.4 times greater than the presumptive .sentence); (upholding sentence of 180 months when maximum presumptive sentence duration was 54 months); (upholding 240-month sentence when maximum presumptive sentence duration was 70 months, a sentence approximately 3.4 times greater than the maximum presumptive sentence); (upholding sentence of 84 months when maximum p
  • State v. Mortland 395 N.W.2d 469 Minn. Ct. App. 1986
  • State v. Mortland 395 N.W.2d 469 Minn. Ct. App. 1986
  • State v. Mesich 396 N.W.2d 46 Minn. Ct. App. 1986
  • State v. Mesich 396 N.W.2d 46 Minn. Ct. App. 1986
    The Minnesota Supreme Court upheld a 240-
  • State v. Edwards 380 N.W.2d 503 Minn. Ct. App. 1986
  • State v. Edwards 380 N.W.2d 503 Minn. Ct. App. 1986
  • Langdon v. State 375 N.W.2d 474 Minn. 1985
  • Langdon v. State 375 N.W.2d 474 Minn. 1985
    however, we held that two acts of sexual penetration of the same victim were part of a single behavioral incident, notwithstanding the fact that they occurred in different counties, because the defendant “moved the victim to a different place before committing the second act of penetration only becau
  • State v. Thomas 371 N.W.2d 533 Minn. 1985
  • State v. Thomas 371 N.W.2d 533 Minn. 1985
    See, (appeal from judgment which raised only sentencing issues).
  • Branson v. State 368 N.W.2d 436 Minn. Ct. App. 1985
  • Branson v. State 368 N.W.2d 436 Minn. Ct. App. 1985
  • State v. Shaney 361 N.W.2d 921 Minn. Ct. App. 1985
  • State v. Shaney 361 N.W.2d 921 Minn. Ct. App. 1985
  • Ture v. State 353 N.W.2d 518 Minn. 1984
  • Ture v. State 353 N.W.2d 518 Minn. 1984
  • Bixby v. State 344 N.W.2d 390 Minn. 1984
  • Bixby v. State 344 N.W.2d 390 Minn. 1984
    Petitioner’s contention that the two sex convictions arose from a single behavioral *393
  • State v. Patch 329 N.W.2d 833 Minn. 1983
  • State v. Patch 329 N.W.2d 833 Minn. 1983
  • State v. Norton 328 N.W.2d 142 Minn. 1982
  • State v. Norton 328 N.W.2d 142 Minn. 1982
  • State v. Ming Sen Shiue 326 N.W.2d 648 Minn. 1982
  • State v. Ming Sen Shiue 326 N.W.2d 648 Minn. 1982
  • State v. Van Gorden 326 N.W.2d 633 Minn. 1982
  • State v. Van Gorden 326 N.W.2d 633 Minn. 1982