Cited by
Opinions in Minnesota that cite State v. Pegel, 795 N.W.2d 251.
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State of Minnesota v. Morgan Leslie Pavey
Minn. Ct. App. 2017
“If the district court has discretion to depart from a presumptive se ntence, it must exercise that discretion by deliberately considering circumstan ces for and against departure.” State v. Pegel
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State of Minnesota v. Alfredo Darcourt Castellanos
Minn. Ct. App. 2017
d 251, 255 (Minn. App. 2011).
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State of Minnesota v. Tiffany Lynn Lambert
Minn. Ct. App. 2017
(“[T]he Guidelines state that when substantial and compelling circumstances are prese nt, the judge ‘may’ depart.”); -54 (Minn. App. 2011) (noting that a district court must consider the circumstances of a case when deciding whether to depart, but that the presence of mitigating factors does not obligate a departure) ().
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State of Minnesota v. Steven Bernard Edwards
Minn. Ct. App. 2017
If one or more mitigating factors is shown, “[w]hether to depart [downward] from the sentencing guidelin es rests within the district court’s discretion, and the district court will not be reversed absent an abuse of that discretion.” State v. Pegel , –54 (M inn.
- State of Minnesota v. Brian Keith Jourdain Minn. Ct. App. 2017
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State of Minnesota v. Katherine Marie Kurimay
Minn. Ct. App. 2017
We will not interfere with a district court’s decision to impose th e presumptive guidelines sentence “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 v. Jessten Gordon Grover
Minn. Ct. App. 2017
If one or more mitigating factor s is shown, “[w]hether to depart [downward] from the sentencing guidelines rests within the district court’s discretion, and the district court will not be reversed absent an abuse of that discretion.” – 54 (Minn. App. 2011) ().
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State of Minnesota v. Jason David Hoversten
Minn. Ct. App. 2017
-54 (Minn. App. 2011) (quotation omitted).
- State of Minnesota v. Robert Scott Wood Minn. Ct. App. 2017
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State of Minnesota v. Joshua Steven Mittelsted
Minn. Ct. App. 2017
motion for [sentencing] departure was not even considered by the court and rested in part on an insufficient and biased psycho -sexual evaluation.” This 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.” (quotation omitted).
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State of Minnesota v. James Francis Muelken
Minn. Ct. App. 2017
The district court must impose a presumptive sentence under the guide lines “unless substantial and compelling circumstances warrant a departure.” State v. Pegel , (quotation omitted); see also Minn. Sent.
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State of Minnesota v. Bielmar Alverez-Agular aka Bielmar Alvarez-Aguilar
Minn. Ct. App. 2017
“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.” (quotation omitted).
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State of Minnesota v. Hannah Christie Weyh
Minn. Ct. App. 2017
And 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.”
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State of Minnesota v. Sammy Lee Jackson
Minn. Ct. App. 2017
If the defendant requests a departure, the district court must “exercise [its] discretion by deliberately considering circumstances for and against departure.” (quotation omitted).
- State of Minnesota v. Cory James Bebeau Minn. Ct. App. 2017
- State of Minnesota v. Chaz Jacobi Beckman Minn. Ct. App. 2017
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State of Minnesota v. Chaz Jacobi Beckman
Minn. Ct. App. 2017
(stating that there is “no requirement” that the district court consider each Trog factor, provided that the court “deliberately considered circumstances for and against departure and exercised its discretion”).
- State of Minnesota v. Anthony Ra Hare Minn. Ct. App. 2017
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State of Minnesota v. Anthony Ra Hare
Minn. Ct. App. 2017
Appellate courts will not reverse a sentencing decision “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 v. Peter Clare Hoagland Minn. Ct. App. 2017
- State of Minnesota v. Peter Clare Hoagland Minn. Ct. App. 2017
- State of Minnesota v. Kim Ronnie Blatcher Minn. Ct. App. 2016
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State of Minnesota v. Kim Ronnie Blatcher
Minn. Ct. App. 2016
he circumstances for and against departure because it apparently believed “that the jury’s verdict and resolution of the evidence as to guilt precluded any exercise of its discretion at sentencing.” “If the district court has discretion to depart from a presumptive sentence, it must exercise that discretion by deliberately considering circumstances for and against departure.” (quotation omitted).
- State of Minnesota v. Jerry Lee Collins Minn. Ct. App. 2016
- State of Minnesota v. Jerry Lee Collins Minn. Ct. App. 2016
- State of Minnesota v. Dennis Ervin Carter Minn. Ct. App. 2016
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State of Minnesota v. Dennis Ervin Carter
Minn. Ct. App. 2016
(noting that if a district court considers the reasons for departure but chooses not to depart, an explanation is not required)
- State of Minnesota v. Nathan Charles Robert Schwartz Minn. Ct. App. 2016
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State of Minnesota v. Nathan Charles Robert Schwartz
Minn. Ct. App. 2016
“The district court must order the presumptive sentence provided in the sentencing guidelines unless substantial and compelling circumstances warrant a departure.” (quotation omitted).
- State of Minnesota v. Tetyang Puok Juate-Yout Minn. Ct. App. 2016
- State of Minnesota v. Tetyang Puok Juate-Yout Minn. Ct. App. 2016
- State of Minnesota v. Harrison William Rund Minn. Ct. App. 2016
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State of Minnesota v. Harrison William Rund
Minn. Ct. App. 2016
5 guidelines unless substantial and compelling circumstances warrant a departure.” (quotation omitted).
- State of Minnesota v. Ishamel Portwood Middlebrook Minn. Ct. App. 2016
- State of Minnesota v. Nathaniel Donald Beulah Minn. Ct. App. 2016
- State of Minnesota v. Boon Wa Thao Minn. Ct. App. 2016
- State of Minnesota v. Ishamel Portwood Middlebrook Minn. Ct. App. 2016
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State of Minnesota v. Nathaniel Donald Beulah
Minn. Ct. App. 2016
d 251, 253 (Minn. App. 2011).
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State of Minnesota v. Boon Wa Thao
Minn. Ct. App. 2016
“[A]s long as the record shows the sentencing court carefully evaluated all the testimony and information presented before making a determination,” an appellate court “may not interfere with the sentencing court’s exercise of discretion.” (quotation omitted).
- State of Minnesota (A15-1247) (A15-1255) v. Randall Samuel Stempfley (A15-1247) (A15-1255) Minn. Ct. App. 2016
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State of Minnesota (A15-1247) (A15-1255) v. Randall Samuel Stempfley (A15-1247) (A15-1255)
Minn. Ct. App. 2016
This court will not “interfere with the sentencing court’s exercise of discretion, as long as the record shows [it] carefully evaluated all the testimony and information presented.” (quotation omitted).
- State of Minnesota v. Duane Meredith Smith Minn. Ct. App. 2016
- State of Minnesota v. Dalal Bayle Idd Minn. Ct. App. 2016
- State of Minnesota v. Duane Meredith Smith Minn. Ct. App. 2016
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State of Minnesota v. Dalal Bayle Idd
Minn. Ct. App. 2016
“[T]he mere fact that a mitigating factor is present in a particular case does not obligate the court to place defendant on probation or impose a shorter term than the presumptive term.” –54 (Minn. App. 2011) (quotation omitted).
- State of Minnesota v. David Arthur Barnes Minn. Ct. App. 2016
- State of Minnesota v. Davie Eugene McCoy Minn. Ct. App. 2016
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State of Minnesota v. Davie Eugene McCoy
Minn. Ct. App. 2016
does not obligate the court to place [a] defendant on probation.” (quotation omitted).
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State of Minnesota v. David Arthur Barnes
Minn. Ct. App. 2016
does not obligate the court to place [a] defendant on probation.” (quotation omitted).
- State of Minnesota v. Doan Meshell Engel Minn. Ct. App. 2016