Cited by
Opinions in Minnesota that cite State v. Delk, 781 N.W.2d 426.
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State of Minnesota v. Bryan William Demarais
Minn. Ct. App. 2026
generally not subject to appellate review of the district court’s exercise of its discretion.” rev. denied (Minn. July 20, 2010).
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State of Minnesota v. Andrew Gerald Bloom
Minn. Ct. App. 2026
“This court will not 18 generally review a district court’s exercise of its discretion to sentence a defendant when the sentence imposed is within the presumptive guidelines range.” rev. denied (Minn. July 20, 2010).
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State of Minnesota v. Robert Kenneth Icanberry
Minn. Ct. App. 2026
Icanberry asserts that the district court failed to exercise its discretion during the sentencing hearing by stating, “When a life is taken, there is no leniency in this court.” “Sentences imposed by the district court are reviewed for [an] abuse of discretion.” rev. denied (Minn. July 20, 2010).
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State of Minnesota v. Ricky Allen Severtson
Minn. Ct. App. 2026
“This court will generally not exercise its authority to modify a sentence within the presumptive range ‘absent compelling circumstances.’” (), rev. denied (Minn. July 20, 2010).
- State of Minnesota v. Irineo Ricardo-Cosme Minn. Ct. App. 2026
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State of Minnesota v. Irineo Ricardo-Cosme
Minn. Ct. App. 2026
(stating that we will rarely disturb a district court’s decision to impose a sentence within the presumptive guidelines range), rev. denied (Minn. July 20, 2010).
- State of Minnesota v. Douglas James Swenson Minn. Ct. App. 2025
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State of Minnesota v. Douglas James Swenson
Minn. Ct. App. 2025
5 “A sentence within the presumptive-sentence range is not a departure from the presumptive sentence but is a presumptive sentence and is generally not subject to appellate review of the district court’s exercise of its discretion.” rev. denied (Minn. July 20, 2010).
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State of Minnesota v. Jamison Franklin Wells
Minn. Ct. App. 2025
“[A]ny sentence within the presumptive range for the convicted offense constitutes a presumptive sentence.”
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State of Minnesota v. Samuel David Teachman
Minn. Ct. App. 2025
“[A]ny sentence within the presumptive range for the convicted offense constitutes a presumptive sentence.” rev. denied (Minn. July 20, 2010); n.2 (Minn. 2008) (explaining that “[a]ll three numbers in any given cell constitute an acceptable sentence based solely on the offense at issue and the offender’s criminal history score”).
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State of Minnesota v. Brandon Lee Gardas
Minn. Ct. App. 2025
“This court will not generally review a district court’s exercise of its discretion to sentence a defendant when the sentence imposed is 6 within the presumptive guidelines range.” rev. denied (Minn. July 20, 2010).
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Simon Christopher Mueller v. State of Minnesota
Minn. Ct. App. 2025
rev. denied (Minn. July 20, 2010).
- State of Minnesota v. Lee Daniel Kruger Minn. Ct. App. 2025
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State of Minnesota v. Lee Daniel Kruger
Minn. Ct. App. 2025
rev. denied (Minn. July 20, 2010).
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State of Minnesota v. Steven Joseph Drahos
Minn. Ct. App. 2025
Because it is “rare” for a district court to abuse its discretion by imposing a sentence within the presumptive range, we will not modify such sentences “absent compelling circumstances.” State v. Delk , ( quotations omitted ), rev. denied (July 20, 2010) .
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Emmanuel Troy Davis v. State of Minnesota
Minn. Ct. App. 2025
We “will not generally review a district court’s exercise of its discretion to sentence a defendant when the sentence imposed is within the presumptive guidelines range.” rev. denied (Minn. July 20, 2010).
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State of Minnesota v. Bounhom NA
Minn. Ct. App. 2025
(stating that this court will rarely disturb a district court’s decision to impose a sentence within the presumptive guidelines range), rev. denied (Minn. July 20, 2010).
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State of Minnesota v. Larry Eddie Konah
Minn. Ct. App. 2025
(“Only in a rare case will a reviewing court reverse imposition of a presumptive sentence.” (quotation omitted)), rev. denied (Minn. July 20, 2010).
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State of Minnesota v. Drace Chaddell Jackson
Minn. Ct. App. 2025
“This court will not generally review a district court’s exercise of its discretion to sentence a defendant when the sentence imposed is within the presumptive guidelines range.” rev. denied (Minn. July 20, 2010).
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State of Minnesota v. Nicholas Matthew Nadler
Minn. Ct. App. 2025
rev. denied (Minn. July 20, 2010).
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State of Minnesota v. Peter Michael Dziuk
Minn. Ct. App. 2025
“This court will not generally review a district court’s exercise of its discretion to sentence a defendant when the sentence imposed is within the presumptive guidelines range.” rev. denied (Minn. July 22 20, 2010).
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State of Minnesota v. Fredi Amilcar Sun Chajon
Minn. Ct. App. 2025
(holding that a sentence at the top of the range provided in the sentencing grid is not a departure), rev. denied (Minn. July 20, 2010).
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State of Minnesota v. Kemaludin Nuredin Mohammed
Minn. Ct. App. 2024
“[A]ny sentence within the presumptive range for the convicted offense constitutes a presumptive sentence.” State v. Delk , rev. denied (Minn. July 20, 2010).
- State of Minnesota v. Roel Joseph Perez, Jr. Minn. Ct. App. 2024
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State of Minnesota v. Roel Joseph Perez, Jr.
Minn. Ct. App. 2024
“[A]ny sentence within the presumptive range for the convicted offense constitutes a presumptive sentence.” rev. denied (Minn. July 20, 2010).
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State of Minnesota v. Dennis Lee Heard
Minn. Ct. App. 2024
“Sentences imposed by the district court are reviewed for abuse of discretion.” rev. denied (Minn. July 20, 2010).
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State of Minnesota v. Jennifer Lynn Matter
Minn. Ct. App. 2024
“Only in a ‘rare case’ will a reviewing court reverse imposition of a presumptive sentence.” (), rev. denied (Minn. July 20, 2010).
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State of Minnesota v. Andre Benjamin Stigger
Minn. Ct. App. 2024
constitutes a presumptive sentence.” rev. denied (Minn. July 20, 2010).
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State of Minnesota v. Keonta Germaine Wickliffe
Minn. Ct. App. 2024
n.2 (Minn. 2008) ( “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.” ); d 426, 428 (Minn. App. 2010) ( “This court will not generally review a district court’s exercise of its discretion to sentence a defendant when the sentence imposed is within the presumptive guidelines range.”),
- State of Minnesota v. Marvel Galvaston Williams Minn. Ct. App. 2024
- State of Minnesota v. Delilah Golden Metoxen Minn. Ct. App. 2024
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State of Minnesota v. Marvel Galvaston Williams
Minn. Ct. App. 2024
(stating that a reviewing court “will not generally review a district court’s exercise of its discretion to sentence a defendant when the sentence imposed is within the presumptive guidelines range”), rev. denied (Minn. July 20, 2010).
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State of Minnesota v. Delilah Golden Metoxen
Minn. Ct. App. 2024
-29 (Minn. App. 2010), rev. denied (Minn. July 20, 2010).
- State of Minnesota v. Shanell Jane Patience Gofan Minn. Ct. App. 2024
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State of Minnesota v. Shanell Jane Patience Gofan
Minn. Ct. App. 2024
-29 (Minn. App. 2010), rev. denied (Minn. July 20, 2010).
- State of Minnesota v. Colleen Purificacion Larson Minn. Ct. App. 2024
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State of Minnesota v. Colleen Purificacion Larson
Minn. Ct. App. 2024
(stating that this court will rarely disturb a district court’s decision to impose a sentence within the presumptive guidelines range).
- State of Minnesota v. Furman Street Minn. Ct. App. 2024
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State of Minnesota v. Furman Street
Minn. Ct. App. 2024
“Presumptive sentences are seldom overturned.” (quotation omitted), rev. denied (Minn. July 20, 2010).
- State of Minnesota v. Derrick Timothy Days Minn. Ct. App. 2024
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State of Minnesota v. Derrick Timothy Days
Minn. Ct. App. 2024
“This court will not generally review a district court’s exercise of its discretion to sentence a defendant when the sentence imposed is within the presumptive guidelines range.” rev. denied (Minn. July 20, 2010).
- State of Minnesota v. Bryant Jerome Stephenson Minn. Ct. App. 2024
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State of Minnesota v. Bryant Jerome Stephenson
Minn. Ct. App. 2024
“Sentences imposed by the district court are reviewed for abuse of discretion.” rev. denied (Minn. July 20, 2010).
- State of Minnesota v. Gavin Patrick Meany Minn. Ct. App. 2024
- State of Minnesota v. Gavin Patrick Meany Minn. Ct. App. 2024
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State of Minnesota v. Thomas David Fogel
Minn. Ct. App. 2024
rev. denied (Minn. July 20, 2010).
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Brandon Maurice Baker v. State of Minnesota
Minn. Ct. App. 2024
“This court will not generally review a district court’s exercise of its discretion to sentence a defendant when the sentence imposed is within the presumptive guidelines range.” rev. denied (Minn. July 20, 2010).
- State of Minnesota v. Keith Alan Powelson Minn. Ct. App. 2023
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State of Minnesota v. Keith Alan Powelson
Minn. Ct. App. 2023
Moreover, “[t]his court will not generally review a district court’s exercise of its discretion to sentence a defendant when 11 the sentence imposed is within the presumptive guidelines range.” rev. denied (Minn. July 20, 2010) (emphasis added).
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State of Minnesota v. Abdullahi Abshir Abdullahi
Minn. Ct. App. 2023
rev. denied (Minn. July 20, 2010).