Cited by
Opinions in Minnesota that cite State v. Spaeth, 552 N.W.2d 187.
- State v. Boehl 697 N.W.2d 215 Minn. Ct. App. 2005
- State v. Wemyss 696 N.W.2d 802 Minn. Ct. App. 2005
- State v. Wemyss 696 N.W.2d 802 Minn. Ct. App. 2005
- State v. Heath 685 N.W.2d 48 Minn. Ct. App. 2004
- State v. Heath 685 N.W.2d 48 Minn. Ct. App. 2004
- State v. Courtney 682 N.W.2d 185 Minn. Ct. App. 2004
- State v. Courtney 682 N.W.2d 185 Minn. Ct. App. 2004
- State v. Oates 611 N.W.2d 580 Minn. Ct. App. 2000
- State v. Oates 611 N.W.2d 580 Minn. Ct. App. 2000
- In Re Ashman 608 N.W.2d 853 Minn. 2000
- In Re Ashman 608 N.W.2d 853 Minn. 2000
- State v. Williams 608 N.W.2d 837 Minn. 2000
-
State v. Williams
608 N.W.2d 837
Minn. 2000
We have held that the trial court may not rely on conduct underlying one conviction to support departure on a sentence for a separate conviction, and conduct underlying proof of the offense itself cannot be relied upon to justify an upward departure
- State v. Schneider 597 N.W.2d 889 Minn. 1999
- State v. Schneider 597 N.W.2d 889 Minn. 1999
- State v. Profit 591 N.W.2d 451 Minn. 1999
- State v. Profit 591 N.W.2d 451 Minn. 1999
- State v. Terrazas 944 P.2d 1194 Ariz. 1997
- State v. Butterfield 555 N.W.2d 526 Minn. Ct. App. 1996
-
State v. Butterfield
555 N.W.2d 526
Minn. Ct. App. 1996
(district court properly relied on elements of assault to depart on kidnapping sentence when defendant was not sentenced for assault); (district court improperly used conduct that resulted in murder conviction and sentence to justify aggravated term for burglary during which murder was committed).