Cited by
Opinions in Minnesota that cite State of Minnesota v. Jacob Miles Solberg, 882 N.W.2d 618.
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
“Durational departures must be based on the nature of the offense, not the i ndividual characteristics of the offender.” (Mi nn.
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
State v. Solberg , 7 (Minn. 2016) (quotation omitted ).
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A20-0837
Minn. Ct. App. 2021
State v. Solberg , (quotation omitted ).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
A district court may only depart if it finds that there are “identifiable, substantial, and compelling circumstances to support a departure.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
(holding that a single mitigating factor may justify a downward departure and listing cases affirming upward departures based on a single aggravating factor).
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A20-0310
Minn. Ct. App. 2021
“A district court abuses its discretion when its reasons for departure are legally impermissible and insufficient evidence in the record justifies the departure.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
A durational departure “is a sentence that departs in length from the presumptive guidelines range.” State v. Solberg , d 618, 623 (Minn. 2016) (citing Minn. Sent.
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
Id.; accord State v. Solberg , (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
State v. Solberg , (quoting Minn. Sent.
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
“Consequently, departures from the guidelines are discouraged and are intended to apply to a small number of cases.” State v. Solberg
- State of Minnesota, Respondent, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
Departures “are discouraged and are intended to apply to a small number of cases.” State v. Solberg
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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James Eugene Love, petitioner, Appellant,
Minn. Ct. App. 2021
See State v. Solberg , - 25 (Minn. 2016) (holding that a single mitigating factor may warrant downward durational departur e).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
A downward departure may be ju stified if “the defendant’s conduct was significantly less serious than that typically in volved in the commission of the offense.” (quotation omitted); (affirming district court’s downward durational departure).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
State v. Solberg , (quoting Minn. Sent.
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
“Consequently, departures from the guidelines are discouraged and are intended to ap ply to a small number of cases.” State v. Solberg
- Nicholas Adam Willard, petitioner, Appellant, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
Although a dispositional departure is typically based on offender -specific characteristics, a district court may consider both offender- and offense-related factors when deciding whether to grant a dispositional departure, State v. Chaklos , d 225, 228 (Minn. 1995).
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
Therefore, departures are discouraged unless “there are ‘identifiable, substantial, and compelling circumstances to support a departure.’ ” (Minn .
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
“Consequently, departures from the guidelines are discouraged and are intended to apply to a small number of cases.” State v. Solberg
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
A district court must focus on the defendant in considering a dispositional departure by analyzing factors such as “defendant’s age, his prior record, his remorse, his cooperation, his attitude while in court, and the support of friends and/or family.” (
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
State v. Solberg , (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
-24 (Minn. 2016) (first two citations altered).
- State of Minnesota, Respondent, vs. Nyla Tomeka Murrell-French, Appellant. Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
State v. Solberg , (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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Minn. 2020
6 (“[W]e have affirmed upward durational departures that were based on a single aggravating factor.”).
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
“A district court abuses its discretion when its reasons for departure are legally impermissible and insufficient evidence in the record justifies the departure.”
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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Roilan Garriga, petitioner, Appellant,
Minn. Ct. App. 2020
“[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. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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A18-1999
Minn. Ct. App. 2019
Guidelines 2.D.1 (2017); -24 (Minn. 2016) (discu ssing circumstances to justify a durational departure); (Mi nn.
- State of Minnesota, Respondent, Minn. Ct. App. 2019