Cited by
Opinions in Minnesota that cite State v. Heywood, 338 N.W.2d 243.
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A18-1219
Minn. Ct. App. 2019
When considering a downward -dispositional departure, the district court focuses “more on the defendant as an individual and on whether the [guidelines] sentence would be best for him and for society.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
State v. Trog , State v. Wright
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State of Minnesota, Appellant,
Minn. Ct. App. 2019
See State v. Trog , (listing factors court s may consider when determining if a defendant is particularly amenable to probation, including defendant ’s age, prior record, remorse, cooperation, attitude in court, and support of family and friends); (stating that in considering a dispositional departure, the court’s focus is on the defendant as an individual and whether the presumptive sentence is best for him and for society).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
See Abrahamson, d at 337 (“A district court 6 considering a dispositional departure may focus ‘on the defendant as an individual and on whether the presumptive sentence would be best for him and soci ety.’” ()).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“The substantial and compelling circumstances justifying departure by staying a sentence include a finding that a defendant is particularly amenable to correction on probation and unamenable to correction by imprisonment.” 3 (), review denied (Minn. Oct.
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Appellant,
Minn. Ct. App. 2018
See State v. Heywood , (citing Trog, d at 31).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
In determining whether to depart dispositionally, the district c ourt should focus “on the defe ndant as an individual and on whether the presumptive sentence would be best for him and for society.” State v. 4 Heywood
- State v. Rund 896 N.W.2d 527 Minn. 2017
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State v. Rund
896 N.W.2d 527
Minn. 2017
Solberg, d at 625 ; (“[W]hen justifying only a disposi-tional departure, the trial court can focus more on the defendant as an individual....
- State of Minnesota v. Chaz Jacobi Beckman Minn. Ct. App. 2017
- State of Minnesota v. Chaz Jacobi Beckman Minn. Ct. App. 2017
- State of Minnesota v. Artaveus Shawntez Atkins Minn. Ct. App. 2016
- State of Minnesota v. Artaveus Shawntez Atkins Minn. Ct. App. 2016
- State of Minnesota v. Walter David Tischer Minn. Ct. App. 2016
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State of Minnesota v. Walter David Tischer
Minn. Ct. App. 2016
When justifying a dispositional departure, the district court focuses “on the defendant as an individual and on whether the presumptive sentence would be best for him and for society.”
- State of Minnesota v. Donald Kalib John Nichols Minn. Ct. App. 2016
- State of Minnesota v. Donald Kalib John Nichols Minn. Ct. App. 2016
- State of Minnesota v. Krystal Elizabeth Alwin Minn. Ct. App. 2015
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State of Minnesota v. Krystal Elizabeth Alwin
Minn. Ct. App. 2015
(holding that to justify a dispositional departure the district court “can focus more on the defendant as an individual and on whether the presumptive sentence would be best for [her] and for society”).
- State of Minnesota v. John Jay Pederson Minn. Ct. App. 2015
- State of Minnesota v. Lasheka Bolden Minn. Ct. App. 2015
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State of Minnesota v. John Jay Pederson
Minn. Ct. App. 2015
Specifically, the district court considered the factors relevant to a dispositional departure, such as his amenability to probation, which 10 includes factors such as his “age, his prior record, his remorse, his cooperation, his attitude while in court, and the support of friends and/or family,”
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State of Minnesota v. Lasheka Bolden
Minn. Ct. App. 2015
(stating that a decision on a dispositional departure allows the court to “focus more on the defendant as an individual and on whether the presumptive sentence would be best for [her] and for society”).
- State of Minnesota v. Curtis Wayne Regguinti Minn. Ct. App. 2015
- State of Minnesota v. Jason David Fredrickson Minn. Ct. App. 2015
- State of Minnesota v. Jason David Fredrickson Minn. Ct. App. 2015
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State of Minnesota v. Curtis Wayne Regguinti
Minn. Ct. App. 2015
Dispositional departure The appropriateness of a dispositional departure depends on the defendant as an individual, “on whether the presumptive sentence would be best for him and for society.”
- State of Minnesota v. Daniel David Ojanen Minn. Ct. App. 2015
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State of Minnesota v. Daniel David Ojanen
Minn. Ct. App. 2015
Rather, the court focuses “on the defendant as an individual and on whether the presumptive sentence would be best for him and for society.”
- State of Minnesota v. Albert Joe Ryans, Jr. Minn. Ct. App. 2014
- State of Minnesota v. Albert Joe Ryans, Jr. Minn. Ct. App. 2014
- State of Minnesota v. Jose Arriage Soto, Jr. 855 N.W.2d 303 Minn. 2014
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State of Minnesota v. Jose Arriage Soto, Jr.
855 N.W.2d 303
Minn. 2014
(explaining that “when justifying only a dispositional departure, the trial court can focus more ...
- State of Minnesota v. Kai Yang Minn. Ct. App. 2014
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State of Minnesota v. Kai Yang
Minn. Ct. App. 2014
The appropriateness of a dispositional departure “depends on the defendant as an individual and on whether the presumptive sentence would be best for him and for society.”
- State of Minnesota v. Mahdi Hassan Ali 855 N.W.2d 235 Minn. 2014
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State of Minnesota v. Mahdi Hassan Ali
855 N.W.2d 235
Minn. 2014
(the imposition of a sentence within the limits prescribed by the Legislature is purely a judicial function); (explaining that a defendant’s age and family support are relevant sentencing factors).
- State of Minnesota v. Roger Darnell Webb Minn. Ct. App. 2014
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State of Minnesota v. Roger Darnell Webb
Minn. Ct. App. 2014
While the sentencing guidelines focus primarily on “the degree of a defendant’s culpability,” when considering a downward dispositional departure, the 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.”
- State of Minnesota v. Tyrece Curtis Matthews Minn. Ct. App. 2014
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State of Minnesota v. Tyrece Curtis Matthews
Minn. Ct. App. 2014
The district court’s focus is “on the defendant as an individual and on whether the presumptive sentence would be best for him and for society.”
- State of Minnesota v. Kanishka Shereal Molina Minn. Ct. App. 2014
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State of Minnesota v. Kanishka Shereal Molina
Minn. Ct. App. 2014
(stating that “the offender-related factor of particular unamenability to [probation] may be used to justify a dispositional departure” but that “offense-related aggravating factors may be used to support” both dispositional and durational departures); (stating that when considering “only a dispositional departure, the [district] court can focus more on the defendant as an individual and on whether the presumptive sentence would be best for [the defendant] and for society”).
- State of Minnesota v. Lashun Theodits Witherspoon Minn. Ct. App. 2014
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State of Minnesota v. Lashun Theodits Witherspoon
Minn. Ct. App. 2014
The appropriateness of a dispositional departure “depends on the defendant as an individual and on whether the presumptive sentence would be best for him and for society.”
- State of Minnesota v. Gary Michael Veesenmeyer-Trojanowski Minn. Ct. App. 2014
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State of Minnesota v. Gary Michael Veesenmeyer-Trojanowski
Minn. Ct. App. 2014
When a district court contemplates the appropriateness of a probationary sentence it considers the defendant as an individual and “whether the presumptive sentence would be best for him and for society.”
- Wells v. State 839 N.W.2d 775 Minn. Ct. App. 2013
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Wells v. State
839 N.W.2d 775
Minn. Ct. App. 2013
In weighing whether to grant a downward dispositional departure from the presumptive sentence, a district court considers “the defendant as an individual and [focuses] on whether the presumptive sentence would be best for him and for society.” (emphasis added).