Cited by
Opinions in Minnesota that cite State v. Pegel, 795 N.W.2d 251.
- State of Minnesota, Respondent, Minn. Ct. App. 2024
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
We will reverse the imposition of a presumptive sentence “[o]nly in a rare case.”
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A23-0754
Minn. Ct. App. 2024
“A reviewing court may not interfere with the sentencing court’s exercise of discretion, as long as the record shows the sentencing court carefully evaluated all the testimony and information presented before making a determination.” (quotations omitted).
- State of Minnesota v. Christopher Eric Vines Minn. Ct. App. 2024
- State of Minnesota v. Christopher Eric Vines Minn. Ct. App. 2024
- 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
impose a shorter term than the presumptive term”); (only in a “rare case” will a reviewing court reverse the imposition of a presumptive sentence).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota v. Larry Ray House Minn. Ct. App. 2023
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State of Minnesota v. Larry Ray House
Minn. Ct. App. 2023
“Only in a rare case will a reviewing court reverse the imposition of a presumptive sentence.”
- State of Minnesota v. Luis Alejandro Esteban Esquivel Minn. Ct. App. 2023
- State of Minnesota v. Catherine Ann Skavlem-Short Minn. Ct. App. 2023
- State of Minnesota v. Luis Alejandro Esteban Esquivel Minn. Ct. App. 2023
- State of Minnesota v. Catherine Ann Skavlem-Short Minn. Ct. App. 2023
- State of Minnesota, Appellant, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
d 251, 254 (Minn. App. 2011).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
When a district court imposes a presumptive sentence, an appellate court “may not interfere with the [district court’s] exercise of discretion, as long as the record shows the [district court] carefully evaluated all the testimony and information presented before making a determination.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
We generally will not interfere with a presumptive sentence “as long as the record shows the sentencing court carefully evaluated all the testimony and information presented before making a determination.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
Even when grounds for downward departure exist, the presence of such grounds “ does not obligate the court to place defendant on probation or impose a shorter term than the presumptive term.” - 54 (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
Only in a “rare case” will an appellate court “reverse the imposition of a presumptive sentence.”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- Dean Robert Hoversten, petitioner, Appellant, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
does not obligate the court to place [a] defendant on probation.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“The district court must order the presumptive sentence provided in the sentencing guidelines unless substantial and compelling circumstances warrant a departure.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“ The district court must order the presumptive sentence provided in the sentencing guidelines unless substantial and compelling circumstances warrant a departure.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
We will not reverse the district court’s refusal to depart “as long as the record shows the [district] court carefully evaluated all the testimony and information presented before making a determination.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
When a district court imposes a presumptive sentence, an appellate court “may not interfere with the [district] court’s exercise of discretion, as long as the record shows the [district] court carefully evaluated all the testimony and information presented before making a determination.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“The district court must order the presu mptive sentence provided in the sentencing guidelines unless substantial and compelling circumstances warrant a 3 departure.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“The district court must order the presumptive sentence provided in the sentencing guidelines unless substantial and compelling circumstances warrant a departure.” (quotation omitted).
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Donna Mae Bastyr, petitioner, Appellant,
Minn. Ct. App. 2023
As noted above, we apply an abuse -of-discretion standard of review and “[o]nly in a rare case will a reviewing court reverse the imposition of a presumptive sentence.”
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Xanth Tyler Wilkins, petitioner, Appellant,
Minn. Ct. App. 2023
onviction relief because it determined that when a district court “declines to depart dispositionally downward, it is not required to provide [a Trog-factor] analysis.” The district court relied on State v. Pegel, in which this court reviewed a sentencing decision that, as here, reflected “the district court did not discuss all of the Trog factors before it imposed the presumptive sentence.”
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
() (reasoning there is no requirement for a district court to discuss all the Trog factors before imposing a sentence).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
This court “may not interfere with the [district] court’s exercise of discretion, as long as the record shows the [district] court carefully evaluated all the testimony and information presented before making a determination.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
(holding that the district court need not discuss every Trog factor when declining to depart).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Because the district court “is in the best position to evaluate the offender’s conduct and weigh sentencing options,” (quotation omitted), we generally will not interfere with a sentencing decision so long as the record shows that the district court “carefully evaluated all the testimony and information presented,”
- State of Minnesota, Appellant, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
We “may not interfere with the sentencing court’s exercise of discretion, as long as the record shows the sentencing court carefully evaluated all the testimony and information presented before making a determination.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
(stating that this court will not reverse the district court’s denial of a departure request when the record shows that the district court “carefully evaluated all the testimony and information presented before making a determination”).
- State of Minnesota, Respondent, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
-54 (Minn. App. 2011) (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
We will not reverse the district court’s refusal to depart “as long as the record shows the [district] court carefully evaluated all the testimony and information presented before making a determination.” State v. Pegel , d 251, 255 (Minn. App. 2011) (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
-54 (Minn. App. 2011) (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
State v. Pegel , -54 (Minn. App. 2011) (quotation omitted).