Cited by
Opinions in Minnesota that cite State v. Delk, 781 N.W.2d 426.
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
State v. Van Ruler , rev. denied (Minn. Jul.
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
-29 (Minn. App. 2010), rev. denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
-29 (Minn. App. 2010), rev. denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
Generally, we will not disturb a district court’s imposition of a sentence that falls “within the presumptive guidelines range.” d 426, 428 (Minn. App. 2010), rev. denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
State v. Delk , rev. denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
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 the sentence imposed is within the presumptive guidelines range.” rev. denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
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, Respondent,
Minn. Ct. App. 2023
Thus, “[t]his court will generally not exercise its authority to modify a sentence within the presumptive [ sentencing] range absent compelling circumstances.” (citation omitted), rev. denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
-29 (Minn. App. 2010), rev. denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
rev. denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
5 Green suggests that the district court abused its discretion in sentencing him because his criminal-history score was incorrectly calculated.
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
d 426, 428 (Minn. App. 2010), rev. denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
d 426, 428-29 (Minn. App. 2010), rev. denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
rev. denied (Minn. 2 On appeal, Murrell does not argue that the district court’s reliance, in part, on an element of the offense for a longer—though still presumptive —sentence is improper.
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
“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, Respondent,
Minn. Ct. App. 2022
constitutes a presumptive sentence.” rev. denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
constitutes a presumptive sentence.” rev. denied (Minn. July 20, 2010).
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A20-1499
Minn. Ct. App. 2021
“This court will not generally review a district court’s exercise of its discretion to sentence a defendant when the se ntence is imposed w ithin the presumptive guidelines range.” State v. Delk , 28 (Minn. App. 2010), rev. denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
“This court will not generally review a district court’s exercise of its discretion to sentence a defendant when the sentence im posed is within the presumptive guidelines range.” review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
“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.” review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
constitutes a presumptive sentence.” State v. Delk , review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
Our court gives great deference to a district court’s sentence “when 6 the sentence imposed is within the presumptive guidelines range.” State v. Delk , review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
Guidelines 1.B.13 (2016); (noting that appellate courts w ill typically not review a district court’s discretionary imposition of a sentence w ithin the presumptive guidelines range), review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
We “generally will not interfere with sentences that are within the presumptive [guidelines] range,” State v. Freyer , and reverse imposition of 4 presumptive sentences only in “rare” cases, State v. Delk , (quoting State v. Kindem , ), review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
(noting this court seldom overturns presumptive sentences without compelling circumstances) , review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
As a general rule, this court will not review a district court’s sentencing discretion “when the sentence imposed is within the presumptive guidelines range.” review denied (Minn. Jan.
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
“Only in a ‘rare’ case will a reviewing court reverse imposition of a presumptive sentence.” (), review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
“Only in a rare case will a reviewing court reverse imposition of a presumptive sentence.” State v. Delk , (quotation omitted), review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
We generally do not review a district court’s decision to sentence a defendant “within the presumptive guidelines range.” review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
“Only in a ‘rare’ case will a reviewing court reverse imposition of a presumptive sentence.” (), review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
State v. Delk , review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
Guidelines 2.D.1 (2018); 28 (Minn. App. 2010), review denied (Minn. July 20, 2010) (“This court will not generally review a district court’s 6 exercise of its discretion to sentence a defendant when the sentence imposed is within the presumptive guidelines range.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
“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 v. Delk , review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
“This court will not generally review a district court’s exercise of its discretion to sentence a defendant when the sentence im posed is within the presumptive guidelines range.” review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
“Only in a ‘rare’ case will a reviewing court reverse imposition of a presumptive sentence.” d 426, 428 (Minn. App. 2010) (quoting State v. Kindem , ), review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
“Only in a ‘rare’ case will a reviewing court reverse imposition of a presumptive sentence.” (), review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
constitutes a presumptive sentence.” review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
D E C I S I O N “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 v. Delk , review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
12 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.” review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“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.” State v. Delk , review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“This court will not generally review a district court’s exercise of its discretion to sentence a defendant when the sentence 6 imposed is within the presumptive guidelines range.” review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“Only in a ‘rare’ case will a reviewing court reverse imposition of a presumptive sentence.” (), review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
review denied (Minn. July 20, 2010).
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Elijah Ahmad Milsap, petitioner, Appellant,
Minn. Ct. App. 2019
See State v. Delk , 428-29 (Minn. App. 2010), review denied (Minn. July 20, 2010) (noting that any sentence within the presumptive range con stitutes a presumptive sentence ) .
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Chad Domonique Johnson, petitioner, Appellant,
Minn. Ct. App. 2019
review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“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.” review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
State v. Delk , review denied (Minn. July 20, 2010).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Generally, we will not “ review a district court’s exe rcise of its discretion to sentence a defendant when the sentence imposed is within the presumptive guidelines range.” review denied (Minn. July 20, 2010).