Cited by
Opinions in Minnesota that cite State of Minnesota v. Jose Arriage Soto, Jr., 855 N.W.2d 303.
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Appellate courts “afford the [district] court great discretion in the imposition of sentences and reverse sentencing decisions only for an abuse of that discretion.” -08 (Minn. 2014) (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
State v. Soto , -08 (Minn. 2014) (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“Accordingly, a sentencing court can exercise its discretion to depart from the guidelines, only if aggravating or mitigating circumstances are present, and those circumstances provide a substantial[] and compelling reason not to impose a guideline sentence.” State v. Soto , (alteration in original) (quotations and citations omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Appellate courts “afford the [district] court great discretion in the imposition of sentences and reverse sentencing decisions only for an abuse of that discretion.” -08 (Minn. 2014) (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
A sentence or range of sentences pres cribed under the Minnesota Sentencing Guidelines “is presumed to be appropriate.” State v. Soto , , 308 (Minn. 2014) (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“[A] sentencing court can exercise its discretion to d epart from the guidelines only if aggravating or mitigating circumstances are present, and those circumstances provide a su bstantial and compelling reason not to impose a guidelines sentence.” (citations and quotations omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- Marcus Kendrick Jones, petitioner, Appellant, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
The Minnesota Sentencing Guidelines prescribe a range of sentences that is presumed to be appropriate and the sentencing court “must pronounce a sentence within the applicable range unless there exist identifiable, substantial, and compelling circumstances that distinguish a case and overcome the presumption in favor of the guidelines sentence.” State v. Soto , (quotation omitted); see also Minn. Sent.
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Particular amenability to probation is a proper ground to support a district court’s departure decision, d 303, 309 (Minn. 2014), and includes consideration of “the defendant’s age, his prior record, his remorse, his cooperation, his attitude while in court, and the support of friends and/or family.” State v. Trog
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
State v. Soto , –08 (Minn. 2014) (footnote and quotation omitted).
- State of Minnesota, Appellant, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
The Minnesota Sentencing Guidelin e s p r e s c r i b e a r a n g e o f s e n t e nc e s , a n d t h e sentencing court “must pronounce a sentence within the applicable range unless there exist identifiable, substantial, and compelling circumstances that di stinguish a case and overcome the presumption in favor of the guidelines sentence.” d 303, 308 (Minn. 2014) (quotation omitted); see M i n n .
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
2 D E C I S I O N Appellate courts “afford the [district] court great discretion in the imposition of sentences and reverse sentencing decisions only for an abuse of that discretion.” -08 (Minn. 2014) (quotation omitted) .
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A18-1579
Minn. Ct. App. 2019
307-08 (Minn. 2014) (quotation omitted).
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Ernesto Torres Garcia, petitioner, Appellant,
Minn. Ct. App. 2019
Appellate courts “afford the [di strict] court great discretion in the imposition of sentences and reverse sentencing decisions only for an abuse of that discretion.” -08 (Minn. 2014) (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
If a defendant requests a downward dispositional departure, a district court first must determine whether “‘mitigating circumstances are present’” and, if so, whether “those circumstances provide a ‘substantial[] and compelling’ reason not to impose a guidelines sentence.” State v. Soto , ( and Minn. Sent.
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
This court “afford[s] the [district] court great discretion in the imposition of sentences and reverse[s] sentencing decisions only for an abuse of that discretion.” -08 (Minn. 2014) (quotation omitted).
- State v. Bauer 932 N.W.2d 47 Minn. Ct. App. 2019
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State v. Bauer
932 N.W.2d 47
Minn. Ct. App. 2019
see also State v. Soto , , 308 (Minn. 2014) (noting that a sentencing court can exercise discretion to depart from guidelines only if aggravating or mitigating circumstances are present and those circumstances provide substantial and compelling reason not to impose guidelines sentence).
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A18-1246
Minn. Ct. App. 2019
Id.; see also State v. Soto , (noting that a sentencing court can exercise discretion to depart from guidelines only if aggrav ating or mitigating circumstances are present and those circumstances provide substantial and compelling reason not to impose guidelines sentence).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
On review, we “ afford the [distric t] court great discretion in the imposition of sentences and reverse sentencing decisions only for an abuse of that discretion.” State v. Soto , -08 (Minn. 2014) ( quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
State v. Soto , (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“In sentencing, district courts have a great deal of discretion.” State v. Soto
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
On appeal, we afford the district court “grea t discretion in the imposi tion of sentences and reverse sentencing decisions only for an abuse of that discretion.” State v. Soto , –08 (Minn. 2014) (quotation and footnote omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
The Minnesota Sentencing Guidelines prescribe a range of sentences and the sentencing court “must pronounce a sentence within the applicable range unless there exist identifiable, substantial, and compelling circumstances that distinguish a case and overcome the presumption in favor of the guidelines sentence.” d 303, 308 (Minn. 2014) (quotation omitted); See Minn. Sent.
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Appellate courts “afford the [district] court great discretion in the imposition of sentences and reverse sentencing decisions only for an abuse of that discretion.” State v. 6 Soto, -08 (Minn. 2014) (quotation omitted).
- A18-1219 Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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Distinguished
Julian Sanchez-Sanchez, petitioner, Appellant,
Minn. Ct. App. 2019
3 and Kirby for support, but both cases are distinguishable.
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
State v. Soto , -08 (Minn. 2014).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
A sentence or range of sentences prescribed under the Minnesot a Sentencing Guidelines “is presumed to be appropriate.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
d 303, 307-08 (Minn. 2014).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
–08 (Minn. 2014) (analyzing calculation of criminal-history score for an abuse of discretion).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
5(2); (“A sentencing court must pronounce a sentence within the appli cable range unless there exist identifiable, substantial, and compelling circumstances t hat distinguish a case and overcome the presumption in favor of the guidelines sentence.” (quotation omitted)).1 Among its duties, the sentenci
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State of Minnesota, Appellant,
Minn. Ct. App. 2019
This standard, “while deferential, is not a limitless grant of power to the [district] court.” State v. Soto , (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“We afford the trial court great discretion in the imposition of sentences and reverse sentencing decisions only for an abuse of that discretion.” -08 (Minn. 2014) (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
If a defendant requests a downward dispositional departure, a district court first must determine whether “‘mitigating circumstances are present’” an d, if so, whether “those circumstances provide a ‘substantial[] and compelling’ reason not to impose a guidelines sentence.” State v. Soto , ( and Minn. Sent.
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State of Minnesota, Appellant,
Minn. Ct. App. 2019
D E C I S I O N Appellate courts “afford the [district] court great discretion in the imposition of sentences and reverse sentencing decisions only for an abuse of that discretion.” -08 (Minn. 2014) (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
This court affor ds district courts “great discretion in the imposition of sentences and [will] reverse se ntencing decisions only for an abuse of that discretion.” State v. Soto , -08 (Minn. 2014) (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“[Appellate courts] afford the [district] court great discretion in the imposition of sentences and reverse sentencing decisions only for an abuse of that discretion.” –08 (Minn. 2014) (quotation and footnote omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2019