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