Cited by

Opinions in Minnesota that cite State of Minnesota v. Jose Arriage Soto, Jr., 855 N.W.2d 303.

667 citing documents.

  • 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).
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
    State v. Soto , -08 (Minn. 2014) (quotation omitted).
  • 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
  • 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).
  • 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).
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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) .
  • A18-1579 Minn. Ct. App. 2019
    307-08 (Minn. 2014) (quotation omitted).
  • 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).
  • 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.
  • 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
  • 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).
  • 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).
  • 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).
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
    State v. Soto , (quotation omitted).
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
    “In sentencing, district courts have a great deal of discretion.” State v. Soto
  • 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
  • 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.
  • 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
  • Distinguished Julian Sanchez-Sanchez, petitioner, Appellant, Minn. Ct. App. 2019
    3 and Kirby for support, but both cases are distinguishable.
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
    State v. Soto , -08 (Minn. 2014).
  • 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
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
    d 303, 307-08 (Minn. 2014).
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
    –08 (Minn. 2014) (analyzing calculation of criminal-history score for an abuse of discretion).
  • 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
  • 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).
  • 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
  • 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.
  • 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).
  • 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
  • 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