Cited by
Opinions in Minnesota that cite State v. Spain, 590 N.W.2d 85.
- State of Minnesota v. Isaac Gutierrez Minn. Ct. App. 2025
- State of Minnesota v. Isaac Gutierrez Minn. Ct. App. 2025
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A23-1717 State of Minnesota v. Brian Lee Emerson
Minn. Ct. App. 2024
We are “extremely deferential” to a district court’s decision whether to impose a departure, -96 (Minn. App. 2010), rev. denied (Minn. July 20, 2010), and we “cannot simply substitute our judgment for that of the [district] court,” d 473, 476 (Minn. App. 1984) (explaining that appellate courts “are loath to interfere” with district court’s dispositional departure from sentencing guidelines).
- State of Minnesota v. Samantha Dana Schroeder Minn. Ct. App. 2024
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State of Minnesota v. Samantha Dana Schroeder
Minn. Ct. App. 2024
2 We afford the district court “great discretion” in its sentencing decisions and review departure decisions for “an abuse of discretion.”
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State of Minnesota v. Curtis Allen Doll
Minn. Ct. App. 2024
17 We review sentencing decisions for an abuse of discretion and we “afford the [district] court great discretion in the imposition of sentences.”
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State of Minnesota v. Wade Scott Reinhard
Minn. Ct. App. 2024
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) ().
- State of Minnesota v. Christopher Eric Vines Minn. Ct. App. 2024
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State of Minnesota v. Christopher Eric Vines
Minn. Ct. App. 2024
An appellate court “afford[s] the trial court great discretion in the imposition of sentences.”
- State of Minnesota v. Gregory Steven Proell, Jr. Minn. Ct. App. 2024
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State of Minnesota v. Gregory Steven Proell, Jr.
Minn. Ct. App. 2024
An appellate court affords the sentencing court wide discretion and will reverse a sentence “only for an abuse of that discretion.” -08 (Minn. 2014) ().
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State of Minnesota v. Dakoda August Scheldrup
Minn. Ct. App. 2023
The district court has “great discretion in the imposition of sentences,” and appellate courts “cannot simply substitute [their] judgment for that of the [district] court.”
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State of Minnesota v. Robert Anthony Winston
Minn. Ct. App. 2023
“[Reviewing courts] ‘afford the [district] court great 8 discretion in the imposition of sentences’ and reverse sentencing decisions only for an abuse of that discretion.” State v. Soto , - 08 (Minn. 2014) (footnote omitted) ().
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State of Minnesota v. Benjamin Jacob Hunt
Minn. Ct. App. 2023
We are “extremely deferential” to a district court ’s decision whether to impose a departure, Dillon, d at 595- 96, and “we cannot simply substitute our judgment for that of the [district] court,” see also Kindem, d at 7 (stating that appellate court will reverse departure decisions only 6 in “a rare case”).
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State of Minnesota v. Daniel Martin Kaufman
Minn. Ct. App. 2023
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) ().
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State of Minnesota v. Mubarak Osman Musse
Minn. Ct. App. 2022
“The purposes of the sentencing guidelines will not be served if the [district] courts generally fail to apply the presumptive sentences found in the guidelines.”
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State of Minnesota v. Isaac Alonzo Cryer
Minn. Ct. App. 2021
But as an appellate court applying a deferential standard of review, “we cannot simply substitute our judgment for that of the trial court.” (emphasizing that “[w]e afford the trial court great discretion in the imposition of sentences”).
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Peter Devonn Crosby v. State of Minnesota
Minn. Ct. App. 2021
5 “We ‘afford the [district] court great discretion in the imposition of sentences’ and reverse sentencing decisions onl y for an abuse of that discretion.” State v. Soto , -08 (Minn. 2014) (quoting State v. Spain , ).
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State of Minnesota v. Ihar Daniliuk
Minn. Ct. App. 2021
We are “extremely deferential” to a district court’s decision whether to impose a departure, Dillon, d at 595-96, and we “cannot simply substitute our judgment for that of the [district] court,” (explaining that appellate courts are “loath to interfere” with a district court’s sentencing decision).
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State of Minnesota v. Todd Gerald Pletcher
Minn. Ct. App. 2021
“In fact, a sentencing court has no discretion 14 to depart from the sentencing guidelines unless aggravatin g or mitigating factors are present.”
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State of Minnesota v. Dustin Eugene Bilges
Minn. Ct. App. 2021
The district court is afforded “great discretion” in sentencing and “we cannot simply substitute our judgment for that of the [district] court.” d 85, 88 (Minn. 1999).
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State of Minnesota v. Jonna Kojo Armartey
Minn. Ct. App. 2021
“We ‘afford the [district] court great discretion in the imposition of sentences’ and reverse sentencing decisions only for an abuse of that disc retion.” State v. Soto , -08 (Minn. 2014) (quoting State v. Spain , ).
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State of Minnesota v. Christy Lynn Tjaden
Minn. Ct. App. 2020
Appellate courts “‘afford the [district] court great discretion in the imposition of sentences’ and reverse sentencing decisions only for an abuse of that discretion.” See State v. Soto , 4 -08 ( Minn. 2014) (footnote omitted) (quoting State v. Spain , ).
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State of Minnesota v. Alan Danny Woods
Minn. Ct. App. 2020
“We ‘afford the [district] 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) ( (M inn.
- State of Minnesota v. Deandre Marquey Birgans Minn. Ct. App. 2020
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State of Minnesota v. Daniel Anthony Cruz Hernandez
Minn. Ct. App. 2020
The district court has “great discretion” in sentencing and “we cannot simply substitute our judgment for that of the [district] court.”
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State of Minnesota v. Scott Allen Lipe
Minn. Ct. App. 2020
The district court has “gre at discretion” in sent encing and “we cannot simply substitute our judgment for that of the [district] court.” State v. Spain
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State of Minnesota v. Sophia Wang Navas
Minn. Ct. App. 2020
Dillon, d a t 596; State v. Spain , (“We afford the trial court great discretion in the imposition of sentences and we cannot simply substitute our judgment for that of the trial court.”).
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State of Minnesota v. William Cleveland Alan Boykin
Minn. Ct. App. 2020
“W hen a sentencing court departs from the presumptive sentence, it must still strive to determine a sentence that is proportional to the severity of the offense.” State v. Spain
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Minn. 2020
We “review decisions to depart from the sentencing guidelines only for ‘an abuse of discretion.’ ” ().
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State of Minnesota v. Jason Rudolf Vadner
Minn. Ct. App. 2019
“In fact, a sentencing court has no discretion to depart from the sentencing guidelines unless aggravating or mitigating factors are present.”
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State of Minnesota v. Cornelius Johnson
Minn. Ct. App. 2019
A district court may exercise its discretion to depart from the guidelines only if there are “identifiable, substantial, and compelling circumstances that distinguish a case and overcome the presumption in favor of the guidelines sentences.” Soto, d at 308 (quotation omitted); (“In fact, a sentencing court has no discretion to depart from the sentencing guidelines unless aggravating or mitigating factors are present.”).
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State of Minnesota v. Karl Edward Henze
Minn. Ct. App. 2019
The district court has “great discretion” in sentencing and “we cannot simply substitute our judgment for that of the [district] court.”
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State of Minnesota v. Kevin Scott Smith
Minn. Ct. App. 2019
review denied (Minn. July 20, 2010).
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State of Minnesota v. Tevon Keenan Scott
Minn. Ct. App. 2019
Based on our “collective, collegial experience in reviewing a l arge number of criminal appeals from all the judicial districts,” (quotation omitted), we con clude that the district court’ s reasons are sufficient to support the downward dispositional departure.
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State of Minnesota (A17-1993) (A17-1995) v. Deandre Martell Weaver (A17-1993) (A17-1995)
Minn. Ct. App. 2018
Finally, the state, citing cases involving aggravated sentencin g, contends that the district court abused its discretion in the length of the departure ordered because Weaver’s offense did not involve “severe mitigating factors.” See, d 85, 89 (Minn. 1999) (noting proportionality in sentencing and holding that the district court abused its discretion in sentencing when aggravating factors di d not justify a triple durational sentencing departure).
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State of Minnesota v. Anne De Perry
Minn. Ct. App. 2018
“We ‘afford the [district] cour t great discretion in the impos ition of sentences’ and reverse sentencing decisions only for an abuse of that discretion.” -08 (Minn. 2014) ().
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State of Minnesota v. Titus Triston Miguel Mangun
Minn. Ct. App. 2018
Appellate courts “afford the [district] court great discretion in the imposition of sentences,” State v. Spain , and review “the district court’s denial of a motion to correct a sentence for an abuse o f discretion,”
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State of Minnesota v. Pakaykeo Phetsomphou
Minn. Ct. App. 2018
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) ().
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State of Minnesota v. Kevin Alexander Johnson
Minn. Ct. App. 2018
“We ‘afford the [district] 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) (quoting State v. Spain , ).
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State of Minnesota v. Renae Dawn Kramer
Minn. Ct. App. 2018
An appellate court affords a district court “great discretion in the imposition of sentences” and will not “simply substitute [its] judgment for that of the [district] court.”
- State of Minnesota v. Felix Velasquez Minn. Ct. App. 2018
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State of Minnesota v. Kenneth James Harrison, Jr.
Minn. Ct. App. 2017
“We ‘afford the [district] 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) (quoting State v. Spain , ).
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State of Minnesota v. Amanda Kay Schrupp
Minn. Ct. App. 2017
“We ‘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) ().
- State of Minnesota v. Steven Bernard Edwards Minn. Ct. App. 2017
- State of Minnesota v. Antonio Dion Washington-Davis Minn. Ct. App. 2017
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State of Minnesota v. Mitchell Thomas Ellis
Minn. Ct. App. 2017
“[A] sentencing court has no discretion to depart from the sentencing guidelines unless aggravating or mitigating factors are present.”
- State v. Stempfley 900 N.W.2d 412 Minn. 2017
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A15-1255
Minn. 2017
In reviewing a sentence, we will not “simply substitute our judgment for that of the trial court.” (citation omitted).
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State of Minnesota v. Jessten Gordon Grover
Minn. Ct. App. 2017
If one or more mitigating factor s is shown, “[w]hether to depart [downward] from the sentencing guidelines rests within the district court’s discretion, and the district court will not be reversed absent an abuse of that discretion.” – 54 (Minn. App. 2011) ().