Cited by
Opinions in Minnesota that cite State v. Jackson, 749 N.W.2d 353.
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State of Minnesota v. Charles ONeal Darby, Jr.
Minn. Ct. App. 2016
.”) (2014); n.2 (Minn. 2008) (“All three numbers in any given cell constitute an acceptable sentence.”).
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State of Minnesota v. Daniel Alvin Hennen
Minn. Ct. App. 2016
See, (“If a jury finds facts that support a 6 departure from the presumptive sentence, the court may exercise discretion to depart but is not required to depart.”).
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Morris Gaye Kayee v. State of Minnesota
Minn. Ct. App. 2016
But “[a]ll three numbers in any given cell [on the sentencing guidelines grid] constitute an acceptable sentence.” n.2 (Minn. 2008); review denied (Minn. July 20, 2010) (“[A]ny sentence within the presumptive range for the convicted offense constitutes a presumptive sentence.”).
- State of Minnesota v. Charles Kenneth Redding Minn. Ct. App. 2016
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State of Minnesota v. Charles Kenneth Redding
Minn. Ct. App. 2016
Guidelines 4.A; n.2 (Minn. 2008).
- State of Minnesota v. Yia Her Minn. Ct. App. 2016
- State of Minnesota v. Yia Her Minn. Ct. App. 2016
- State of Minnesota v. Reynaldo Benitez Minn. Ct. App. 2015
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State of Minnesota v. Reynaldo Benitez
Minn. Ct. App. 2015
“A departure cannot be based on uncharged criminal conduct.”
- Terence Leon Callender v. State of Minnesota Minn. Ct. App. 2015
- State of Minnesota v. Nicholas Taylor Rod Minn. Ct. App. 2015
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State of Minnesota v. Nicholas Taylor Rod
Minn. Ct. App. 2015
d 353, 359 n.2 (Minn. 2008).
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Terence Leon Callender v. State of Minnesota
Minn. Ct. App. 2015
But “[a]ll three numbers in any given cell [on the Minnesota 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.” n.2 (Minn. 2008).
- State of Minnesota v. Benjamin Paul Adams Minn. Ct. App. 2015
- State of Minnesota v. Benjamin Paul Adams Minn. Ct. App. 2015
- State of Minnesota v. August Latimothy Fleming 869 N.W.2d 319 Minn. Ct. App. 2015
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State of Minnesota v. August Latimothy Fleming
869 N.W.2d 319
Minn. Ct. App. 2015
( in which the supreme court concluded that “[a] departure cannot be based 2 We are unaware of any precedential cases reviewing an upward sentencing departure under Minn. Stat. § 244.10, subd.
- State of Minnesota v. Elliott Patrick Ketz Minn. Ct. App. 2015
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State of Minnesota v. Elliott Patrick Ketz
Minn. Ct. App. 2015
“All three numbers in any given cell [on the sentencing guidelines grid] constitute an acceptable sentence.” n.2 (Minn. 2008); see also Delk, d at 428 (“[A]ny sentence within the presumptive range for the convicted offense constitutes a presumptive sentence.”).
- State of Minnesota v. Larry Darnell Lakes Minn. Ct. App. 2015
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State of Minnesota v. Larry Darnell Lakes
Minn. Ct. App. 2015
To ensure that these purposes are fulfilled, “departures from the presumptive guidelines sentence are discouraged.”
- State of Minnesota v. Francisco Cleofus Mountain Minn. Ct. App. 2015
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State of Minnesota v. Francisco Cleofus Mountain
Minn. Ct. App. 2015
“All three numbers in any given cell [on the sentencing guidelines grid] constitute an acceptable sentence.” n.2 (Minn. 2008); Delk, d at 428 (“[A]ny sentence within the presumptive range for the convicted offense constitutes a presumptive sentence.”).
- State of Minnesota v. Mo Savoy Hicks 864 N.W.2d 153 Minn. 2015
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State of Minnesota v. Mo Savoy Hicks
864 N.W.2d 153
Minn. 2015
But if the district court’s reasons for departure are ‘improper or inadequate,’ the departure will be reversed.” ().
- State of Minnesota v. Shannon Marie Kiesner Minn. Ct. App. 2015
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State of Minnesota v. Shannon Marie Kiesner
Minn. Ct. App. 2015
“Departures from the presumptive sentence are justified only when substantial and compelling circumstances are present in the record.” (emphasis in original).
- State of Minnesota v. Julian Sanchez-Sanchez Minn. Ct. App. 2015
- State of Minnesota v. Hope Marie Carlson Minn. Ct. App. 2015
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State of Minnesota v. Julian Sanchez-Sanchez
Minn. Ct. App. 2015
n.2 (Minn. 2008); see also Minn. Sent.
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State of Minnesota v. Hope Marie Carlson
Minn. Ct. App. 2015
(stating that if mitigating factors are shown, the district court may, but is not required to, depart).
- State of Minnesota v. Raymond Benjamin Minn. Ct. App. 2015
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State of Minnesota v. Raymond Benjamin
Minn. Ct. App. 2015
“Departures from the presumptive sentence are justified only when substantial and compelling 3 circumstances are present in the record.” (emphasis in original).
- James Spencer, Jr. v. State of Minnesota Minn. Ct. App. 2015
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James Spencer, Jr. v. State of Minnesota
Minn. Ct. App. 2015
.” d 353, 359 n.2 (Minn. 2008).
- State of Minnesota v. Joseph Duane Gustafson, Jr. Minn. Ct. App. 2015
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State of Minnesota v. Joseph Duane Gustafson, Jr.
Minn. Ct. App. 2015
See id.; n.2 (Minn. 2008) (“All three numbers in any given cell constitute an acceptable sentence[;] .
- State of Minnesota v. Jared Armand Cobb Minn. Ct. App. 2015
- State of Minnesota v. Jared Armand Cobb Minn. Ct. App. 2015
- State of Minnesota v. Justin Thadeus Amick Minn. Ct. App. 2015
- State of Minnesota v. Justin Thadeus Amick Minn. Ct. App. 2015
- State of Minnesota v. Ronald Paul Collum Minn. Ct. App. 2015
- State of Minnesota v. Gerald Raymond Gustafson Minn. Ct. App. 2015
- State of Minnesota v. Ronald Paul Collum Minn. Ct. App. 2015
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State of Minnesota v. Gerald Raymond Gustafson
Minn. Ct. App. 2015
(“[A]ny sentence within the presumptive range for the convicted offense constitutes a presumptive sentence.”), review denied (Minn. July 20, 2010); n.2 (Minn. 2008) (stating that all three numbers in the sentencing cell “constitute an acceptable sentence based solely on the offense at issue”).
- State of Minnesota v. Nicole Leone Revello Minn. Ct. App. 2015
- State of Minnesota v. Nicole Leone Revello Minn. Ct. App. 2015
- Ahmed Shire Ali v. State of Minnesota Minn. Ct. App. 2015
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Ahmed Shire Ali v. State of Minnesota
Minn. Ct. App. 2015
Appellate courts will reverse a departure “[i]f the district court’s reasons for departure are improper or 4 inadequate and there is insufficient evidence in the record to justify the departure.” (quotation omitted).
- State of Minnesota v. Wayne William Leistico Minn. Ct. App. 2015