Cited by

Opinions in Minnesota that cite State v. Spain, 590 N.W.2d 85.

121 citing documents.

  • State of Minnesota v. Isaac Gutierrez Minn. Ct. App. 2025
  • State of Minnesota v. Isaac Gutierrez Minn. Ct. App. 2025
  • A23-1716 A23-1717 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
  • 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.”
  • State of Minnesota, Respondent, 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.”
  • State of Minnesota, Respondent, 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
  • 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
  • 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) ().
  • State of Minnesota, Appellant, 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.”
  • State of Minnesota, Respondent, 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) ().
  • State of Minnesota, Respondent, 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”).
  • State of Minnesota, Respondent, 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) ().
  • State of Minnesota, Respondent, 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.”
  • State of Minnesota, Appellant, 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”).
  • Peter Devonn Crosby, petitioner, Appellant, 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 , ).
  • State of Minnesota, Appellant, 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).
  • State of Minnesota, Respondent, 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.”
  • State of Minnesota, Respondent, 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).
  • State of Minnesota, Respondent, 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 , ).
  • State of Minnesota, Respondent, 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 , ).
  • State of Minnesota, Respondent, 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, Respondent, Minn. Ct. App. 2020
  • State of Minnesota, Respondent, 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.”
  • State of Minnesota, Respondent, 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
  • State of Minnesota, Respondent, 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.”).
  • State of Minnesota, Respondent, 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
  • Minn. 2020
    We “review decisions to depart from the sentencing guidelines only for ‘an abuse of discretion.’ ” ().
  • State of Minnesota, Respondent, 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.”
  • State of Minnesota, Respondent, 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.”).
  • State of Minnesota, Respondent, 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.”
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
    review denied (Minn. July 20, 2010).
  • State of Minnesota, Appellant, 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.
  • 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).
  • State of Minnesota, Appellant, 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) ().
  • State of Minnesota, Respondent, 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,”
  • State of Minnesota, Respondent, 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) ().
  • State of Minnesota, Appellant, 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 , ).
  • State of Minnesota, Respondent, 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, Respondent, Minn. Ct. App. 2018
  • State of Minnesota, Respondent, 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 , ).
  • State of Minnesota, Respondent, 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, Respondent, Minn. Ct. App. 2017
  • State of Minnesota, Respondent, Minn. Ct. App. 2017
  • State of Minnesota, Respondent, 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
  • A15-1255 Minn. 2017
    In reviewing a sentence, we will not “simply substitute our judgment for that of the trial court.” (citation omitted).
  • State of Minnesota, Respondent, 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) ().