Cited by
Opinions in Minnesota that cite State v. Cox, 343 N.W.2d 641.
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State of Minnesota, Appellant,
Minn. Ct. App. 2026
To determine whether certain conduct was significantly less serious than a typical offense, “it is proper for the sentencing court to consider the course of conduct underlying the charge for which the defendant is being sentenced.”
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State of Minnesota, Appellant,
Minn. Ct. App. 2026
at 626, the lessened severity of the victim’s injuries, - 45 (Minn. 1984), the offender’s minor or passive role in the crime, Minn. Sent’g Guidelines 2.D.3.a(2) (2022), or a victim acting as the first aggressor, Minn. Sent’g Guidelines 2.D.3.a(1) (2022).7 None 6 While this practice is not appropriate for an upward departure given an offender’s constitutional righ
- State of Minnesota v. Roger Lee Voss, III Minn. Ct. App. 2026
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State of Minnesota v. Roger Lee Voss, III
Minn. Ct. App. 2026
In determining whether a defendant’s conduct is significantly less serious than the typical offense, “it is proper for the [district] court to consider the course of conduct underlying the charge for which the defendant is being sentenced.”
- State of Minnesota v. Isaac Gutierrez Minn. Ct. App. 2025
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State of Minnesota v. Isaac Gutierrez
Minn. Ct. App. 2025
In determining whether a defendant’s conduct was significantly more or less serious than the typical offense, “it is proper for the sentencing court to consider the course of conduct underlying the charge for which the defendant is being sentenced.” rev. denied (Minn. July 19, 2011).
- 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
In determining whether a defendant’s conduct was significantly more or less serious than that typically involved in the commission of the crime in question, “it is proper for the sentencing court to consider the course of conduct underlying the charge for which the defendant is being sentenced.” rev. denied (Minn. July 19, 2011).
- State of Minnesota v. Dylan Thomas Peterson Minn. Ct. App. 2024
- State of Minnesota v. Dylan Thomas Peterson Minn. Ct. App. 2024
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
In assessing a motion for a downward durational departure, the relevant inquiry is whether a “defendant’s conduct is significantly less serious than that typically involved in the commission of the offense.” State v. Mattson , ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
is of a kind not usually associated with the commission of the offense in question.” (quotation omitted); (stating that an offense is particularly serious when it involves “gratuitous cruelty which was unjustified within the context of the crime”).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
Durational departure Generally, a durational departure is appropriate when a “defendant’s conduct was significantly more or less serious than that typically involved in the commission of the crime in question.”
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“The general issue that faces a sentencing court in deciding whether to depart durationally is whether the defendant’s conduct was sign ificantly more or less serious than that typically involved in the commission of the c rime in question.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“The general issue that faces a sentencing court in deciding whether to depart durati onally is whether the defendant’s conduct was significantly more or less serious than that typically involved in the commission of the crime in question.” State v. Cox
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“The general issue that faces a sentencing court in deciding whether to depart durati onally is whether the defendant’ s conduct was significantly more or less serious than that typically involved in the commission of the crime in question.”
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State of Minnesota, Appellant,
Minn. Ct. App. 2018
To identify the circumstances or factors that may support a sentencing departure, a sentencing court considers “the course of conduct underlying the charge for which the defendant is being sentenced.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“ The general issue that faces a sentencing court in deciding whether to depart durationall y is whether the defendant’s conduct was significantly more or less serious than that typically involved in the commission of the crime in question.”
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
A district court may grant a downward durational departure if it finds the defendant’s conduct was significantly “less seri ous than that typica lly involved in the commission of the crime in question.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“The general issue that faces a sentencing court in deciding whether to depart durationally is whether the defendant’s conduct was significantly more or less serious than that typically involved in the commission of the crime in question.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
A district court may grant a downward durational departure if the defendant’s conduct is significantly “less ser ious than that typically involved in the commission of the crime in question.” d 641, 643 (Minn. 1984).
- State v. Rund 896 N.W.2d 527 Minn. 2017
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State v. Rund
896 N.W.2d 527
Minn. 2017
Substantial and compelling circumstances for a durational departure are “those which demonstrate that the ‘defendant’s conduct was significantly more or less serious than that typically involved in the commission of the crime in question.’ ” ().
- State of Minnesota v. Dennis Ervin Carter Minn. Ct. App. 2016
- State of Minnesota v. Dimitri Devonte Harrell Minn. Ct. App. 2016
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State of Minnesota v. Dimitri Devonte Harrell
Minn. Ct. App. 2016
A district court may grant a downward durational departure if it finds that the defendant’s conduct was significantly “less serious than that typically involved in the commission of the crime in question.”
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State of Minnesota v. Dennis Ervin Carter
Minn. Ct. App. 2016
less serious than that typically involved in the commission of the crime in question.”
- State of Minnesota v. Harrison William Rund Minn. Ct. App. 2016
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State of Minnesota v. Harrison William Rund
Minn. Ct. App. 2016
On a motion for a durational departure, the district court must examine “whether the defendant’s conduct was significantly more or less serious than that typically involved in the commission of the crime in question.”
- State of Minnesota v. David Alan Nielsen Minn. Ct. App. 2016
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State of Minnesota v. David Alan Nielsen
Minn. Ct. App. 2016
In exercising its discretion, a district court may grant a downward durational departure if it finds that the defendant’s conduct was significantly “less serious than that 5 typically involved in the commission of the crime in question.” d 641, 643 (Minn. 1984).
- State of Minnesota v. Michael Robert Robinson Minn. Ct. App. 2015
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State of Minnesota v. Michael Robert Robinson
Minn. Ct. App. 2015
A district court may grant a downward durational departure if the defendant’s conduct is significantly “less serious 5 than that typically involved in the commission of the crime in question.”
- State of Minnesota v. Misty Dawn Dyrdahl Minn. Ct. App. 2015
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State of Minnesota v. Misty Dawn Dyrdahl
Minn. Ct. App. 2015
In considering a motion for a durational departure, a district court must examine “whether the defendant’s conduct was significantly more or less serious than that typically involved in the commission of the crime in question.”
- State of Minnesota v. Baruch Kefa Nieznanski Minn. Ct. App. 2015
- State of Minnesota v. Bradley James Schnickel Minn. Ct. App. 2015
- State of Minnesota v. Baruch Kefa Nieznanski Minn. Ct. App. 2015
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State of Minnesota v. Bradley James Schnickel
Minn. Ct. App. 2015
In considering a motion for a durational departure, a district court must examine “whether the defendant’s conduct was significantly more or less serious than that typically involved in the commission of the crime in question.”
- State of Minnesota v. David Edward Westgard Minn. Ct. App. 2014
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State of Minnesota v. David Edward Westgard
Minn. Ct. App. 2014
d 641, 643 (Minn. 1984) (“The general issue that faces a sentencing court in deciding whether to depart durationally is whether the defendant’s conduct was significantly more or less serious than that typically involved in the commission of the crime in question.”).
- State v. Peter 825 N.W.2d 126 Minn. Ct. App. 2012
- State v. Peter 825 N.W.2d 126 Minn. Ct. App. 2012
- State v. Rourke 773 N.W.2d 913 Minn. 2009
- State v. Jackson 749 N.W.2d 353 Minn. 2008
- State v. Jones 745 N.W.2d 845 Minn. 2008