Cited by
Opinions in Minnesota that cite State v. Mendoza, 638 N.W.2d 480.
- State of Minnesota, Respondent, Minn. Ct. App. 2026
- State of Minnesota v. Lashun Miller Minn. Ct. App. 2026
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State of Minnesota v. Lashun Miller
Minn. Ct. App. 2026
The record shows that the district court exercised its discretion, “weigh[ed] reasons for and against departure,” and “made a deliberate decision.” rev. denied (Minn. Apr.
- State of Minnesota v. Irineo Ricardo-Cosme Minn. Ct. App. 2026
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State of Minnesota v. Irineo Ricardo-Cosme
Minn. Ct. App. 2026
In Mendoza, we remanded the district court’s denial of a dispositional departure because the district court improperly considered Mendoza’s immigration status during 2 Cosme cites the following opinions: rev. denied (Minn. Apr.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
4, 2025) (affirming on similar grounds where district court did not explicitly deny motion for downward durational departure).3 Fierro disagrees, require a different result.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
“If the district court has discretion to depart from a presumptive sentence, it must exercise that discretion by deliberately considering circumstances for and against departure.” rev. denied (Minn. Apr.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
in support of his argument that remand is appropriate when a district court fails to articulate its reasons for denying a defendant’s departure request.
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
The district court “must exercise [its] discretion by deliberately considering circumstances for and against departure.” rev. denied (Minn. Apr.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
Chajon argues that the record contains legitimate reasons for departure, but the district court abused its discretion by not “deliberately considering [the] circumstances for and against departure.” rev. denied (Minn. Apr.
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
(holding that a district court abuses its discretion by failing to weigh reasons for and against departure); (holding that a district court abuses its discretion when it considers improper reasons for departure: immigration status and possible deportation), rev. denied (Minn. Apr.
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
“If the district court has discretion to depart from a presumptive sentence, it must exercise that discretion by deliberately considering circumstances for and against departure.” rev. denied (Minn. Apr.
- In the Matter of the Welfare of: T. R. J., Jr., Child. Minn. Ct. App. 2024
- State of Minnesota v. Eric Alan Gramentz Minn. Ct. App. 2024
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State of Minnesota v. Eric Alan Gramentz
Minn. Ct. App. 2024
If the district court chooses to depart from a presumptive sentence, “it must exercise that discretion by deliberately considering circumstances for and against departure.” rev. denied (Minn. Apr.
- Larry Jonnell Gilbert v. State of Minnesota, A21-1560, Supreme Court, January 17, 2024 Minn. 2024
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Larry Jonnell Gilbert v. State of Minnesota, A21-1560, Supreme Court, January 17, 2024
Minn. 2024
(); rev. denied (Minn. Apr.
- State of Minnesota v. Catherine Ann Skavlem-Short Minn. Ct. App. 2023
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State of Minnesota v. Catherine Ann Skavlem-Short
Minn. Ct. App. 2023
at 264; (remanding for resentencing where the district court did not appear to exercise any discretion in denying a departure motion), rev. denied (Minn. Apr.
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State of Minnesota, Respondent, vs.
Minn. Ct. App. 2023
17, 2013); (remanding for resentencing where the district court did not appear to exercise any discretion in denying a departure motion), rev. denied (Minn. Apr.
- In the Matter of the Welfare of: J. C., Child. Minn. Ct. App. 2023
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
discretion by deliberately considering circumstances for and against departure.” rev. denied (Minn. Apr.
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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Xanth Tyler Wilkins, petitioner, Appellant,
Minn. Ct. App. 2023
(remanding for resentencing where “we cannot conclude from the record that the district court made a deliberate decision to impose presumptive sentences by weighing reasons for and against departure”), rev. denied (Minn. Apr.
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
The state, as part of its argument that Serbus has forfeited this issue, claims “there exists a narrow line of cases justifying reversal of a guidelines sentence when the trial court declines to consider valid mitigating factors” , rev. denied (Minn. Apr.
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Majed Issac Ijong, petitioner, Appellant,
Minn. Ct. App. 2022
(noting that the court was reversing and remanding a case because “an exercise of discretion may not have occurred”), rev. denied 7 (Minn. Apr.
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
deliberately consider[] 8 circumstances for and against departure.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
See State v. Mendoza , review denied (Minn. Apr.
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
d 262, 263-64 (Minn. App. 1984) (discussing a downward durational departure); review denied (Minn. Apr.
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
See State v. Mendoza, 6 (stating that consideration of improper factors in denying a downward dispositional departure does not require reversal “unless circumstances exist that would support a departure” and the district court failed to consider those circumstances), review denied (Minn. Apr.
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
A district court exercises its discretion by “deliberately considering circumstances for and against departure.” review denied (Minn. Apr.
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
And in State v. Mendoza , the record was unclear as to whether the district court made a deliberate decision to impose a presumptive sentence for two defendants because the district court erroneously concluded that the defendants ’ immigration status es rendered probation “impossible and impractical .” -84 (Minn. App. 2002), review denied (Minn. Apr.
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
review denied (Minn. Apr.
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
If a defendant requests a downward departure, however, the district court must “deliberately consider[] the circumstances for and against departing.” review denied (Minn. Apr.
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
State v. Mendoza , 3 (Minn. App. 2002), review denied (Minn. Apr.
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Distinguished
State of Minnesota, Respondent,
Minn. Ct. App. 2019
See State v. Mendoza , review denied (Minn. April 16, 2002).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
If a defendant requests a downward dispositional departure, the district court must “deliberately consider[] circumstances for and against departure,” review denied (Minn. Apr.
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
In exercising its discretion, the district court must “deliberately consider[] circumstances for and against departure.” review denied (Minn. Apr.
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A18-1219
Minn. Ct. App. 2019
Guidelines 2.D.2 (2016) (listing factors on which the district court should not rely); (remanding because exercise of discretion by district court “may not have occurred”), review denied (Minn. Apr.
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
State v. Mendoza , review denied (Minn. Jan.
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
If a mitigating or aggravating circumst ance is present , the district court must “deliberately consider[] circumstances for and against departure.” review denied (Minn. Apr.
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
In exercising its discretion, the district court must “deliberately consider[] circumstances for and against departure.” 6 review denied (Minn. Apr.
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Circumstances For and Against Departure “If the district court has discretion to depart from a presumptive sentence, it must exercise that discretion by deliberately considering circumstances for and against 9 departure.” State v. Mendoza , 3 (Minn. App. 2002), review denied (Minn. Apr.
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
If a defendant requests a downward dispositional departure, the district court must “deliberately consider[] circumstances for and against departure .” review denied (Minn. Apr.
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State of Minnesota, Appellant,
Minn. Ct. App. 2018
2 (Minn. App. 2002) (stating that “[s]entencing a defendant on the basis of alienage is unconstitutional”), review denied (Minn. Apr .
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
review denied (Minn. Apr.
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“[I]t must exercise that discre tion by deliberately considering circumstances for and against departure.” review denied (Minn. Apr.
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
Appellant argues that this court must remand for resent encing because it is not possible to “conclude from the record that the district court made a deliberate decision to impose [a] presumptive sentence[] by weighing reasons for and against departure.” review denied (Minn. Apr.