Cited by
Opinions in Minnesota that cite State v. Maurstad, 733 N.W.2d 141.
- State v. Amundson 828 N.W.2d 747 Minn. Ct. App. 2013
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State v. Amundson
828 N.W.2d 747
Minn. Ct. App. 2013
Those reasons included: (1) the supreme court’s -48 (Minn.2007), that a criminal defendant cannot waive or forfeit the right to challenge his sentence, particularly his criminal history score; (2) the importance of equity and fairness, which counterbalances any public interest in finality of a sentence that is unlawful or unauthorized; and (3) the “interests-of
- State v. Kjeseth 828 N.W.2d 480 Minn. Ct. App. 2013
- State v. Kjeseth 828 N.W.2d 480 Minn. Ct. App. 2013
- Vazquez v. State 822 N.W.2d 313 Minn. Ct. App. 2012
- Vazquez v. State 822 N.W.2d 313 Minn. Ct. App. 2012
- Johnson v. State 820 N.W.2d 24 Minn. Ct. App. 2012
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Johnson v. State
820 N.W.2d 24
Minn. Ct. App. 2012
Finally, “when the language of a criminal law is ambiguous, we construe it narrowly according to the rule of lenity.”
- State v. Beecroft 813 N.W.2d 814 Minn. 2012
- State v. Beecroft 813 N.W.2d 814 Minn. 2012
- State v. Hormann 805 N.W.2d 883 Minn. Ct. App. 2011
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State v. Hormann
805 N.W.2d 883
Minn. Ct. App. 2011
D. Rule of Lenity “When the language of a criminal law is ambiguous, we construe it narrowly according to the rule of lenity.”
- State v. Leathers 799 N.W.2d 606 Minn. 2011
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State v. Leathers
799 N.W.2d 606
Minn. 2011
“[W]hen the language of a criminal law is ambiguous, we construe it narrowly according to the rule of lenity.” see also Rewis v. United States, 401 U.S. 808, 812 , 91 S.Ct.
- State v. Hahn 799 N.W.2d 25 Minn. Ct. App. 2011
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State v. Hahn
799 N.W.2d 25
Minn. Ct. App. 2011
“In construing provisions of the sentencing guidelines, the supreme court has treated the guidelines as if they are a collection of statutes and has applied the rules of statutory construction.” Johnson, d at 895 ().
- State v. Ferguson 786 N.W.2d 640 Minn. Ct. App. 2010
- State v. Ferguson 786 N.W.2d 640 Minn. Ct. App. 2010
- State v. Carufel 783 N.W.2d 539 Minn. 2010
- State v. Carufel 783 N.W.2d 539 Minn. 2010
- State v. Holmes 778 N.W.2d 336 Minn. 2010
- State v. Holmes 778 N.W.2d 336 Minn. 2010
- State v. Pearson 775 N.W.2d 155 Minn. 2009
- State v. Pearson 775 N.W.2d 155 Minn. 2009
- State v. Williams 771 N.W.2d 514 Minn. 2009
- State v. Williams 771 N.W.2d 514 Minn. 2009
- State v. Harlin 771 N.W.2d 46 Minn. Ct. App. 2009
- State v. Harlin 771 N.W.2d 46 Minn. Ct. App. 2009
- State v. Netland 762 N.W.2d 202 Minn. 2009
- State v. Williams 757 N.W.2d 504 Minn. Ct. App. 2008
- State v. Williams 757 N.W.2d 504 Minn. Ct. App. 2008
- State v. Johnson 756 N.W.2d 883 Minn. Ct. App. 2008
- State v. Johnson 756 N.W.2d 883 Minn. Ct. App. 2008
- State v. Pugh 753 N.W.2d 308 Minn. Ct. App. 2008
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State v. Pugh
753 N.W.2d 308
Minn. Ct. App. 2008
-47 (Minn.2007) (holding that defendant could not waive review of his criminal history score because sentence based on incorrect score is illegal sentence).
- State v. Outlaw 748 N.W.2d 349 Minn. Ct. App. 2008
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State v. Outlaw
748 N.W.2d 349
Minn. Ct. App. 2008
But *356 because a sentence based on an incorrect criminal history score is an illegal sentence, “a defendant may not waive review of his criminal history score.”