Cited by
Opinions in Minnesota that cite State v. Wallace, 327 N.W.2d 85.
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A24-1308
Minn. Ct. App. 2025
“When a sentence is set aside as a result of an appeal by a defendant, the [district] court on resentencing may not impose a more severe penalty than the sentence which it previously imposed.”
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A18-1655
Minn. Ct. App. 2019
(explaining t hat the district court cannot impose a longer sentence on remand after a defendant’s successful appeal).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
-68 (Minn. 1999); d 85, 88 (Minn. 1982) (prohibiting district court from imposing “a more severe penalty than the sentence which it previously imp osed”); State v. Prudhomme , (holding that after a sentence has been set aside, a district court must not resentence defendant to a longer sentence for the sam
- Jose Armando Padilla v. State of Minnesota Minn. Ct. App. 2015
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Jose Armando Padilla v. State of Minnesota
Minn. Ct. App. 2015
On resentencing, a district court “may not impose a more severe penalty than the sentence which it previously imposed.”
- State of Minnesota v. Jason David Fredrickson Minn. Ct. App. 2015
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State of Minnesota v. Jason David Fredrickson
Minn. Ct. App. 2015
But multiple sentences are permissible if there are multiple victims and the 16 sentences do not “unfairly exaggerate the criminality of the defendant’s conduct.”
- State of Minnesota v. James David Gertz, Jr. Minn. Ct. App. 2015
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State of Minnesota v. James David Gertz, Jr.
Minn. Ct. App. 2015
On resentencing after a sentence has been set aside in a successful appeal, the district court “may not impose a more severe penalty than the sentence which it previously imposed.” State v. Prudhomme, 303 Minn. 376, 380
- State of Minnesota v. Joseph Duane Gustafson, Jr. Minn. Ct. App. 2015
- State of Minnesota v. Joseph Duane Gustafson, Jr. Minn. Ct. App. 2015
- Wallace v. State 820 N.W.2d 843 Minn. 2012
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Wallace v. State
820 N.W.2d 843
Minn. 2012
(concluding that multiple sentences were permissible under the multiple-victims exception for Wallace’s convictions of attempted first-degree murder and criminal sexual conduct).
- State v. Brown 433 N.W.2d 433 Minn. Ct. App. 1988
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State v. Brown
433 N.W.2d 433
Minn. Ct. App. 1988
17, 1986) (two counts of second degree assault arose from a single incident); (attempted first degree murder and criminal sexual conduct; prior conviction for aggravated robbery); aff'd, (aggravated robbery and kidnapping; prior convictions for aggravated robbery).
- Bailey v. State 414 N.W.2d 503 Minn. Ct. App. 1987
- Bailey v. State 414 N.W.2d 503 Minn. Ct. App. 1987
- State v. Hatton 409 N.W.2d 854 Minn. 1987
- State v. Hatton 409 N.W.2d 854 Minn. 1987
- State v. Rohda 358 N.W.2d 39 Minn. 1984
- State v. Pickett 358 N.W.2d 38 Minn. 1984
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State v. Rohda
358 N.W.2d 39
Minn. 1984
(“When a sentence is set aside as a result of an appeal by a defendant, the trial court on resentencing may not impose a more severe penalty than the sentence which it previously imposed”).
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State v. Pickett
358 N.W.2d 38
Minn. 1984
("When a sentence is set aside as a result of an appeal by a defendant, the trial court on resentencing may not impose a more severe penalty than a sentence which it previously imposed”).
- State v. Montjoy 354 N.W.2d 567 Minn. Ct. App. 1984
- State v. Montjoy 354 N.W.2d 567 Minn. Ct. App. 1984
- State v. Williams 337 N.W.2d 689 Minn. 1983
- State v. Williams 337 N.W.2d 689 Minn. 1983