Cited by
Opinions in Minnesota that cite State v. Jackson, 749 N.W.2d 353.
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
4 constitute an acceptable sentence based solely on the of fense at issue and the offender’ s criminal history score —the lowest is not a downward departure, nor is the highest an upward departure.” State v. Jackson , n.2 (Minn. 2008) .
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
“All three numbers in any given cell [on the sentencing guidelines grid] constitute an acceptable sentence based solely on the of fense at issue and the offender’ s criminal history score —the lowest is not a downward departure, nor is the highest an upward departure.” n.2 (Minn. 2008).
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
State v. Jackson , review denied (Minn. May 11, 2010) (observing that a de novo standard of review applies “when reviewing whether a particular reason for an upward departure is permissible”).5 Wang Navas raises two challenges to the validity of the
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Minn. 2020
Barthman requests that we “limit any departure to twice the ‘presumptive sentence’ ” instead of “twice the upper end of the presumptive sentence range.” we declined to revisit the Evans rule in the wake of changes to the sentencing guidelines.
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“All three numbers in any given cell [on the sentencing guidelines grid] constitute an acceptable sentence based solely on the offense at issue and the offender’s criminal history score —the lowest is not a downward departure, nor is the highest an upward departure.” State v. Jackson , n.2 (Minn. 2008).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
State v. Jackson , d 353, 357 (Minn. 2008).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Minnesota law is clear that “a ny sentence within the presumptive range for the convicted offense constitutes a presumptive sentence.” review denied (Minn. July 20, 2010) ; d 353, 359 n.2 (Minn. 2008) (noting that each cell i n the sentencing grid contains three numbers and “[a]ll three numbers in any given cell constitute an a cceptable sentence”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
n.2 (Minn. 2008) (“All three numbers in any given cel l constitute an acceptable sentence .
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
See Soto, d at 308 n.1; review denied (Minn. Aug.
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
at 670 (emphasis added); (“Burglary is a serious crime, and punishment is allowed for both the burglary and the crime committed in the dwelling.”) (Emphasis added).
- State v. Gayles 915 N.W.2d 6 Minn. Ct. App. 2018
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State v. Gayles
915 N.W.2d 6
Minn. Ct. App. 2018
State v. Jackson , , 360 (Minn. 2008).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
State v. Jackson , (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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, A17-0220, A17-0222
Minn. Ct. App. 2017
Guidelines 2.D.1 (2013 ); see State v. Jackson , n .2 (Minn. 2008) .
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
2(b) (2016), or if “modification is in the interest of fairness and uniformity,” (quotations omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“All three numbers in any given cell [of the sentencing- guidelines grid] constitute an acceptable sentence.” n.2 (Minn. 2008).
- State v. Rund 896 N.W.2d 527 Minn. 2017
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State v. Rund
896 N.W.2d 527
Minn. 2017
“To maintain uniformity and proportionality, departures from the presumptive guidelines sentence are discouraged.” ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
Even in the presence of aggravating or mitigating factors, “the court may exercise discretion to depart but is not required to depart,” , because “departures are justified only in exceptional cases.”
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota v. Joseph Greene Minn. Ct. App. 2017
- State of Minnesota v. Joseph Greene Minn. Ct. App. 2017
- State of Minnesota v. Peter Clare Hoagland Minn. Ct. App. 2017
- State of Minnesota v. Peter Clare Hoagland Minn. Ct. App. 2017
- State of Minnesota v. Brock William Orwig Minn. Ct. App. 2016
- State of Minnesota v. Brock William Orwig Minn. Ct. App. 2016
- State of Minnesota v. Devon Derrick Parker Minn. Ct. App. 2016
- State of Minnesota v. Devon Derrick Parker Minn. Ct. App. 2016
- State of Minnesota v. Theodore Pierre Jerry Minn. Ct. App. 2016
- State of Minnesota v. Theodore Pierre Jerry Minn. Ct. App. 2016
- State of Minnesota v. August Latimothy Fleming 883 N.W.2d 790 Minn. 2016
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State of Minnesota v. August Latimothy Fleming
883 N.W.2d 790
Minn. 2016
5a(b), establishes that the Legislature enacted the statute as a
- State of Minnesota v. Ishamel Portwood Middlebrook Minn. Ct. App. 2016
- State of Minnesota v. Ishamel Portwood Middlebrook Minn. Ct. App. 2016
- State of Minnesota v. Omar Taha Yaseen Minn. Ct. App. 2016
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State of Minnesota v. Omar Taha Yaseen
Minn. Ct. App. 2016
Guidelines 4 (2014); n.2 (Minn. 2008).
- State of Minnesota v. David Muniz Bustos Minn. Ct. App. 2016
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State of Minnesota v. David Muniz Bustos
Minn. Ct. App. 2016
n.2 (Minn. 2008) (noting that under the sentencing guidelines presumptive sentences are determined using a grid system, that each cell on the grid contains three numbers, and that “[a]ll three numbers in any given cell constitute an acceptable sentence”).
- State of Minnesota v. Ian Christopher Mitchell 881 N.W.2d 558 Minn. Ct. App. 2016
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State of Minnesota v. Ian Christopher Mitchell
881 N.W.2d 558
Minn. Ct. App. 2016
See, (“The phrase ‘any other crime’ means a crime that requires proof of different statutory elements than the crime of burglary.” (quoting section 609.585)); (“Burglary is a serious crime, and punishment is allowed for both the burglary and the crime committed in 8 the dwelling.” (citing section 609.585)); (stating that section 609.585 “contains an exce
- Andre LeBlanc v. State of Minnesota Minn. Ct. App. 2016
- Andre LeBlanc v. State of Minnesota Minn. Ct. App. 2016
- State of Minnesota v. Rico Patrick Howard Minn. Ct. App. 2016
- State of Minnesota v. Daniel Alvin Hennen Minn. Ct. App. 2016
- Morris Gaye Kayee v. State of Minnesota Minn. Ct. App. 2016
- State of Minnesota v. Charles ONeal Darby, Jr. Minn. Ct. App. 2016
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State of Minnesota v. Rico Patrick Howard
Minn. Ct. App. 2016
(stating that if mitigating factors are shown, the district court may, but is not required to, depart).