Cited by

Opinions in Minnesota that cite State v. Ott, 341 N.W.2d 883.

55 citing documents.

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
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
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
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
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Yanez argues that the withdrawn kidnapping charge should not have been used to aggravate his sentence.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
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
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