Cited by

Opinions in Minnesota that cite State of Minnesota v. Jacob Miles Solberg, 882 N.W.2d 618.

387 citing documents.

  • State of Minnesota v. Benson Wahagi Mwangi Minn. Ct. App. 2018
  • State of Minnesota v. Hakeem Manuel Rochao Minn. Ct. App. 2018
  • State of Minnesota v. Tatum Jacob Hermann Minn. Ct. App. 2018
  • State of Minnesota v. Stephen Jeroy Mister Minn. Ct. App. 2018
    The Minnesota Supreme Court has “consistently treated remorse as a factor that may support a downward dispositional departure.” (“ A primary justification for considering remorse in sentencing is that a defendant’s remorse bears on his or her ability to be rehabilitated.”).
  • State of Minnesota v. Pakaykeo Phetsomphou Minn. Ct. App. 2018
    Th erefore, departures from the guidelines are discouraged unless “there are identifiable, substan tial, and compelling circumstances to support a departure.” State v. Solberg , (quotation omitted).
  • State of Minnesota v. Severo Perez-Nava Minn. Ct. App. 2018
    Guidelines 2.D.1 (2016) ; see State v. Solberg , 5 (Minn. 2016) (“Because the [sentencing] guidelines’ goal is to create u niformity in sentencing, departures are justified only in exceptional cases.”).
  • State of Minnesota v. Kevin Alexander Johnson Minn. Ct. App. 2018
    (concluding that a single mitigating factor may support downward sentencing departure); (holding that a single aggrava ting factor may support upward sentencing departure).
  • State of Minnesota v. Layne Allen Gerhardson Minn. Ct. App. 2018
    (2016); d 618, 623 (Minn. 2016).
  • State of Minnesota v. Robert Lee Ranzy, Jr. Minn. Ct. App. 2018
    A dispositional departure focuses on the characteristics of the defendant and “whether the defendant is particularly suitable for individualized treatment in a probationary setting.” (quotation omitted).
  • State of Minnesota v. Erik Paul Ellingson Minn. Ct. App. 2018
    Dispositional departures are based on the defendant’s characteristics, focusing on w hether he is “particularly suitable for individualized treatment in a 3 probationary setting.” State v. Solberg , (quotation omitted).
  • State of Minnesota v. Kevin Philip Dreyer Minn. Ct. App. 2018
    “[A] single mitigating factor may provide a substantial and compelling reason to impose a downward durational sentencing departure if it shows that the defendant’s conduct in committing the offense of conviction was significantly less serious than that typically involved in the commission of the offense in question.”
  • State of Minnesota v. Damion Aharon Vasquez Minn. Ct. App. 2018
    State v. Solberg , -24 (Minn. 2016).
  • State of Minnesota v. Michael Brian Lee Minn. Ct. App. 2018
    Moreover, the prior conviction is likely construed as an offense - related factor whereas “[a] dispositional departure typically focuses on characteristics of the defendant.” ; see also Heywood, d at 244 (stating that when justifying dispositional departure, district court may focus “more on the defendant as an individual and on whether the presumptive sentence would be best for him and for society”) 6 Because the district court’ s reason for imposing the d
  • State of Minnesota v. Jesse Lamee Motley Minn. Ct. App. 2018
    See, e.g., State v. Solberg , (recognizing that defendant’s “use of his overwhelming physical size and strength” to cause victim to submit to un wanted sexual contact “f its squarely within the statute’s prohibition of sexual assault by coercion”); (affirming criminal-sex ual
  • State of Minnesota v. Yusef Abdi Ali Minn. Ct. App. 2018
    1 A defendant may enter a Norgaard plea when he “is unable to remember the specific facts of the offense” due to intoxication or amnesia, but has reviewed the state’s evidence against him and believes that he “is likely to be convicted of the crime charged.” n.1 (Minn. 2016); see also State ex rel.
  • State of Minnesota v. Michael Emmanuel Ballard Minn. Ct. App. 2017
    Therefore, departures are discouraged unless “there are ‘identifiable, substantial, and compelling circumstances to support a departure.’” State v. Solberg , (quoting Minn. Sent.
  • Tony Terral Kelly v. State of Minnesota Minn. Ct. App. 2017
  • State of Minnesota v. Alfredo Darcourt Castellanos Minn. Ct. App. 2017
  • State of Minnesota v. Christopher Michael Means Minn. Ct. App. 2017
    But to make a valid Norgaard plea, the defendant must admit “that he or she is likely to be convicted of the crime charged.” n.1 (Minn. 2016).
  • State of Minnesota v. Steven Michael Gutierrez Minn. Ct. App. 2017
    Because “a single aggravating factor may, by itself, justify an upward durational departure,” -25 (Minn. 2016), we decline to consider whether the record also supports the district court’s determination that J.K.
  • State of Minnesota v. Emery James Jenkins Minn. Ct. App. 2017
  • State of Minnesota v. Clint Scott Bearce Minn. Ct. App. 2017
    –26 (Minn. 2016) (discussing lack of remorse as aggravating factor).
  • State v. Stempfley 900 N.W.2d 412 Minn. 2017
  • State v. Stempfley 900 N.W.2d 412 Minn. 2017
    “We review a district court’s decision to depart from the presumptive guide *418 lines sentence for an abuse of discretion.” (citation omitted).
  • A15-1255 Minn. 2017
    As discussed in State v. Solberg , dispositional departures focus on the characteristics of the offender and durational departures focus on the seriousness of the offense itself.
  • State of Minnesota v. Jessten Gordon Grover Minn. Ct. App. 2017
    But “[a] durational departure must be base d on factors that reflect the seriousness of the offense, not the characteristics of the offender.”
  • State of Minnesota v. Jason David Hoversten Minn. Ct. App. 2017
  • State of Minnesota v. James Francis Muelken Minn. Ct. App. 2017
    “The Minnesota Sentencing Guidelines es tablish presumptive sentences for felony offenses.”
  • State of Minnesota v. Aaron Gary Broehl Minn. Ct. App. 2017
  • State of Minnesota v. Amanda Jean Jenniges Minn. Ct. App. 2017
    when granting a downward durational departure.” State v. Solberg , , aff’d
  • State v. Rund 896 N.W.2d 527 Minn. 2017
  • State v. Rund 896 N.W.2d 527 Minn. 2017
    (explaining that when the district court’s reasons stated on the record for a departure are improper or inadequate, our past practice has been to independently review the record to determine whether sufficient evidence justifies a departure f
  • State of Minnesota v. Sammy Lee Jackson Minn. Ct. App. 2017
    see Minn. Stat. § 244.09, subd.
  • State of Minnesota v. Brad Jules Krekelberg Minn. Ct. App. 2017
    Even in the presence of aggravating or mitigating factors, “the court may exercise discretion to depart but is not required to depart,” , because “departures are justified only in exceptional cases.”
  • State of Minnesota v. Dwayne Alan Case Minn. Ct. App. 2017
    which involved upward durational departures in multiple consecutive sentences, says nothing to call into question the propriety of a single presumptive sentence based on alleged “mitigated offense severity.” Case also points to State v. Solberg, an opinion in which the supreme court stated “that a sin gle mitigating factor, standing alone, may justify a downward durational 6 departure.” –25 (Minn. 2016).
  • State of Minnesota v. Devon Derrick Parker Minn. Ct. App. 2016
  • State of Minnesota v. Devon Derrick Parker Minn. Ct. App. 2016