Cited by
Opinions in Minnesota that cite State of Minnesota v. Jacob Miles Solberg, 882 N.W.2d 618.
- State of Minnesota v. Larry Ray House Minn. Ct. App. 2023
- State of Minnesota v. Larry Ray House Minn. Ct. App. 2023
- State of Minnesota v. Joseph John Hall Minn. Ct. App. 2023
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State of Minnesota v. Joseph John Hall
Minn. Ct. App. 2023
“A dispositional departure typically focuses on characteristics of the defendant that show whether the defendant is particularly suitable for individualized treatment in a probationary setting.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“A durational departure must be based on factors that reflect the seriousness of the offense, not the characteristics of the offender.”
- State of Minnesota v. Torisa Sulvoris Wallace Minn. Ct. App. 2023
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State of Minnesota v. Torisa Sulvoris Wallace
Minn. Ct. App. 2023
“A durational departure must be based on factors that reflect the seriousness of the offense, not the characteristics of the offender.” ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“We review a district court’s decision to depart from the presumptive guidelines sentence for an abuse of discretion.”
- State of Minnesota v. Luis Alejandro Esteban Esquivel Minn. Ct. App. 2023
- State of Minnesota v. Catherine Ann Skavlem-Short Minn. Ct. App. 2023
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State of Minnesota v. Luis Alejandro Esteban Esquivel
Minn. Ct. App. 2023
“[D]epartures from the guidelines are discouraged and are intended to apply to a small number of cases.”
- State of Minnesota v. Catherine Ann Skavlem-Short Minn. Ct. App. 2023
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State of Minnesota, Appellant,
Minn. Ct. App. 2023
“[Appellate courts] review a district court’s decision to depart from the presumptive guidelines sentence for an abuse of discretion.”
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State of Minnesota, Respondent, vs.
Minn. Ct. App. 2023
As such, “departures from the guidelines are discouraged and are intended to apply to a small number of cases.”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Appellant, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
Appellate courts “review a district court’s decision to depart from the presumptive guidelines sentence for an abuse of discretion .”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“A dispositional departure typically focuses on characteristics of the defendant.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“[D]epartures from the guidelines are discouraged and are intended to apply to a small number of cases.”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“A dispositional departure typically focuses on characteristics of the defendant.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“Consequently, departures from the guidelines are discouraged and are intended to apply 4 to a small number of cases.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
DECISION “We review a district court’s decision to depart from the presumptive guidelines sentence for an abuse of discretion.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“Whether to depart from the guidelines rests within the district court’s discretion, and this court will not reverse the decision absent a clear abuse of that discretion.” (quotation omitted)
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State of Minnesota, Appellant,
Minn. Ct. App. 2023
We defer to the district court’s finding of remorse, and we agree that remorse is an appropriate factor when determining amenability to probation.
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
A district court may grant a durational departure based on factors that reflect “the seriousness of the offense, not the characteristics of the offender.” (emphasis omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“[D]epartures from the guid elines are discouraged and are intended to apply to a small number of cases.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
A durational departure focuses on offense-related factors and is appropriate where an offense is “significantly less serious than that typically involved in the commission of the offense.” -24 (Minn. 2016).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“[D]epartures from the guidelines are discouraged and are intended to apply to a small number of cases.” State v. Solberg
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
16 that warrant placing them “in a different setting than that called for by the presumptive guidelines sentence.”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
To the contrary, a district court must decide not only whether a defendant exhibits “genuine remorse” but also “how much weight to give to that remorse.” .
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Dean Robert Hoversten, petitioner, Appellant,
Minn. Ct. App. 2023
d 618, 623 (Minn. 2016).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
Appellate courts “review a district court’s decision to depart from the presum ptive guidelines sentence for an abuse of discretion.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“Consequently, departures from the guidelines are discouraged and are intended to apply to a small number of cases.”
- 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
(explaining that “the defendant’s age, his prior record, his remorse, his cooperation, his attitude while in court, and the support of friends and/or family” are all factors relevant to whether a dispositional departure is justified).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“Consequently, departures from the guidelines are discouraged and are intended to apply to a small number of cases.”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
4 “A dispositional departure places the offender in a different setting than that called for by the presumptive guidelines sentence.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
Compare Trog, d at 31 (citing “the defendant’s age, his prior record, his remorse, his cooperation, his attitude while in court, and the support of friends and/or family” as relevant factors that may justify a dispositional departure), (“A durational departure must be based on factors that reflect the seriousness of the offense, not the characteristics of the offender.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
“A dispositional departure places the offender in a different setting than that called for by the presumptive guidelines sentence.”
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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Donna Mae Bastyr, petitioner, Appellant,
Minn. Ct. App. 2023
On this record, we discern no abuse of ability to be rehabilitated.”
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Xanth Tyler Wilkins, petitioner, Appellant,
Minn. Ct. App. 2023
[and] typically focuses on characteristics of the defendant.” (citations omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
“Consequently, departures from the guidelines are discouraged and are intended to apply to a small number of cases.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
d 618, 623 (Minn. 2016).