Cited by
Opinions in Minnesota that cite State v. Ott, 341 N.W.2d 883.
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
Under Minnesota law, “a defendant has the right to refuse probation and demand execution of sentence when the 10 conditions of probation make probation more onerous than prison.” -84 (Minn. 1984).
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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Minn. 2020
“evidence only supports defendant’s guilt of some other offense but does not support the conclusion that the defendant committed the instant offense for which he is being sentenced in a particularly serious way then it cannot be relied upon as a ground for departure.”
- State of Minnesota v. Holly Ann Eaton Minn. Ct. App. 2015
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State of Minnesota v. Holly Ann Eaton
Minn. Ct. App. 2015
A district court may not refuse to depart from a presumptive sentence on the basis of evidence that “only supports defendant’s guilt of some other offense but does not support the conclusion that the defendant committed the instant offense for which he is being sentenced in a particularly serious way.”
- State of Minnesota v. Mo Savoy Hicks 864 N.W.2d 153 Minn. 2015
- Tucker v. State 799 N.W.2d 583 Minn. 2011
- State v. Edwards 774 N.W.2d 596 Minn. 2009
- State v. Edwards 774 N.W.2d 596 Minn. 2009
- Taylor v. State 670 N.W.2d 584 Minn. 2003
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Taylor v. State
670 N.W.2d 584
Minn. 2003
If, however, the evidence “only supports defendant’s guilt of some other offense but does not support the conclusion that the defendant committed the instant offense for which he is being sentenced in a particularly serious way, then it cannot be relied upon as a ground for departure.” (citations omitted); rev. denied (Minn. Sept.
- State v. VanZee 547 N.W.2d 387 Minn. Ct. App. 1996
- State v. VanZee 547 N.W.2d 387 Minn. Ct. App. 1996
- State v. Ford 539 N.W.2d 214 Minn. 1995
- State v. Ford 539 N.W.2d 214 Minn. 1995
- State v. Herrmann 479 N.W.2d 724 Minn. Ct. App. 1992
- State v. Herrmann 479 N.W.2d 724 Minn. Ct. App. 1992
- State v. Fortman 474 N.W.2d 401 Minn. Ct. App. 1991
- State v. Fortman 474 N.W.2d 401 Minn. Ct. App. 1991
- State v. Rasinski 472 N.W.2d 645 Minn. 1991
- State v. Rasinski 472 N.W.2d 645 Minn. 1991
- State v. Weber 470 N.W.2d 112 Minn. 1991
- State v. Weber 470 N.W.2d 112 Minn. 1991
- State v. Yanez 469 N.W.2d 452 Minn. Ct. App. 1991
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State v. Yanez
469 N.W.2d 452
Minn. Ct. App. 1991
Yanez argues that the withdrawn kidnapping charge should not have been used to aggravate his sentence.
- State v. Carpenter 459 N.W.2d 121 Minn. 1990
- State v. Carpenter 459 N.W.2d 121 Minn. 1990
- State v. Jennings 448 N.W.2d 374 Minn. Ct. App. 1989
- State v. Jennings 448 N.W.2d 374 Minn. Ct. App. 1989
- State v. Litzinger 394 N.W.2d 803 Minn. 1986
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State v. Litzinger
394 N.W.2d 803
Minn. 1986
(refusing to allow departure as to consecutive service in case where Hernandez method used for two burglaries/theft convictions; we relied on general rule that sentencing court cannot rely on underlying facts unless they show that the defendant committed the offense in question in a particularly serious wa
- State v. Carver 390 N.W.2d 431 Minn. Ct. App. 1986
- State v. Carver 390 N.W.2d 431 Minn. Ct. App. 1986
- Bail v. State 391 N.W.2d 8 Minn. Ct. App. 1986
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Bail v. State
391 N.W.2d 8
Minn. Ct. App. 1986
a defendant facing multiple sentences has had the right to refuse probation and demand execution of a stayed sentence.
- State v. Yanez 381 N.W.2d 470 Minn. Ct. App. 1986
- State v. Yanez 381 N.W.2d 470 Minn. Ct. App. 1986
- State v. Olson 372 N.W.2d 812 Minn. Ct. App. 1985
- State v. Olson 372 N.W.2d 812 Minn. Ct. App. 1985
- State v. Hill 363 N.W.2d 906 Minn. Ct. App. 1985
- State v. Hill 363 N.W.2d 906 Minn. Ct. App. 1985
- Raddatz v. State 355 N.W.2d 771 Minn. Ct. App. 1984
- Raddatz v. State 355 N.W.2d 771 Minn. Ct. App. 1984
- State v. Sargent 355 N.W.2d 179 Minn. Ct. App. 1984
- State v. Burdick 355 N.W.2d 176 Minn. Ct. App. 1984
- State v. Burdick 355 N.W.2d 176 Minn. Ct. App. 1984
- State v. Sargent 355 N.W.2d 179 Minn. Ct. App. 1984
- State v. Horner 352 N.W.2d 789 Minn. Ct. App. 1984
- State v. Horner 352 N.W.2d 789 Minn. Ct. App. 1984
- State v. Rogers 347 N.W.2d 551 Minn. Ct. App. 1984