Cited by
Opinions in Minnesota that cite State v. Geller, 665 N.W.2d 514.
- State of Minnesota v. Abigail Rae Trulson Minn. Ct. App. 2016
- State of Minnesota v. Abigail Rae Trulson Minn. Ct. App. 2016
- State of Minnesota v. John Porter Jackson Minn. Ct. App. 2016
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State of Minnesota v. John Porter Jackson
Minn. Ct. App. 2016
“If the reasons given [for a sentencing departure] are improper or inadequate and there is insufficient evidence of record to justify the departure, the departure will be reversed.” d 514, 516 (Minn. 2003) (quotation omitted).
- State of Minnesota v. Morgan Lee Thompson Minn. Ct. App. 2016
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State of Minnesota v. Morgan Lee Thompson
Minn. Ct. App. 2016
We review a district court’s decision to grant or deny a departure from the presumptive sentence for abuse of discretion, and only reverse a presumptive sentence in rare cases.
- State of Minnesota v. Glenn Kevin Hazley Minn. Ct. App. 2016
- State of Minnesota v. Glenn Kevin Hazley Minn. Ct. App. 2016
- State of Minnesota v. Jonathon Michael Honeycutt Minn. Ct. App. 2016
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State of Minnesota v. Jonathon Michael Honeycutt
Minn. Ct. App. 2016
However, “[i]f the reasons given are improper or inadequate and there is insufficient evidence of record to justify the departure, the departure will be reversed.”
- State of Minnesota v. Guy Anthony Keezer, Jr. Minn. Ct. App. 2015
- State of Minnesota v. Guy Anthony Keezer, Jr. Minn. Ct. App. 2015
- State of Minnesota v. Duane Thomas Mizner Minn. Ct. App. 2015
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State of Minnesota v. Duane Thomas Mizner
Minn. Ct. App. 2015
(“If no reasons for departure are stated on the record at the time of sentencing, no 10 departure will be allowed.”) (emphasis omitted).
- State of Minnesota v. Krystal Elizabeth Alwin Minn. Ct. App. 2015
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State of Minnesota v. Krystal Elizabeth Alwin
Minn. Ct. App. 2015
Moreover, 4 we do not observe other factors that make Alwin’s offense less serious than the typical offense.1 The state finally contends that we should not remand for resentencing
- State of Minnesota v. Jacob Miles Solberg 869 N.W.2d 66 Minn. Ct. App. 2015
- State of Minnesota v. Jacob Miles Solberg 869 N.W.2d 66 Minn. Ct. App. 2015
- State of Minnesota v. Baruch Kefa Nieznanski Minn. Ct. App. 2015
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State of Minnesota v. Baruch Kefa Nieznanski
Minn. Ct. App. 2015
4 the Minnesota Supreme Court provided a framework for reviewing departure decisions by the district court, 3 That decision provides: 1.
- State of Minnesota v. Curtis Wayne Regguinti Minn. Ct. App. 2015
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State of Minnesota v. Curtis Wayne Regguinti
Minn. Ct. App. 2015
We review a district court’s decision to grant or deny a departure from the presumptive sentence for abuse of discretion, and will reverse a presumptive sentence only in rare cases
- State of Minnesota v. Julian Sanchez-Sanchez Minn. Ct. App. 2015
- State of Minnesota v. Julian Sanchez-Sanchez Minn. Ct. App. 2015
- Daniel Morris Johnson v. State of Minnesota Minn. Ct. App. 2015
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Daniel Morris Johnson v. State of Minnesota
Minn. Ct. App. 2015
This court reviews “a sentencing court’s departure from the sentencing guidelines for abuse of discretion.”
- State of Minnesota v. Justin Thadeus Amick Minn. Ct. App. 2015
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State of Minnesota v. Justin Thadeus Amick
Minn. Ct. App. 2015
“[A]bsent a statement of the reasons for the sentencing departure placed on the record at the time of sentencing, no departure will be allowed.”
- State of Minnesota v. Albert Joe Ryans, Jr. Minn. Ct. App. 2014
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State of Minnesota v. Albert Joe Ryans, Jr.
Minn. Ct. App. 2014
We review a district court’s decision to grant or deny a departure from the presumptive sentence for abuse of discretion, and will reverse a presumptive sentence only in rare cases, Kindem, d at 7.
- State of Minnesota v. Robert John Meyers 853 N.W.2d 819 Minn. Ct. App. 2014
- State of Minnesota v. David John Ojeda Minn. Ct. App. 2014
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State of Minnesota v. David John Ojeda
Minn. Ct. App. 2014
DECISION “We review a sentencing court’s departure from the sentencing guidelines for abuse of discretion.”
- State of Minnesota v. Robert John Meyers 853 N.W.2d 819 Minn. Ct. App. 2014
- Randall Mark Spears v. State of Minnesota Minn. Ct. App. 2014
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Randall Mark Spears v. State of Minnesota
Minn. Ct. App. 2014
–15 (Minn. 2003), which provides that “[n]o departure from the presumptive guidelines sentence is permitted absent a statement of the reasons for a sentencing departure placed on the record by the court at the time of sentencing.” But Spears’s reliance on Geller is misplaced because, at Spears’s original sente
- Ronald James Kettle v. State of Minnesota Minn. Ct. App. 2014
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Ronald James Kettle v. State of Minnesota
Minn. Ct. App. 2014
d 514, 516 (Minn. 2003).
- State of Minnesota v. Gary Michael Veesenmeyer-Trojanowski Minn. Ct. App. 2014
- State of Minnesota v. Gary Michael Veesenmeyer-Trojanowski Minn. Ct. App. 2014
- State v. Amundson 828 N.W.2d 747 Minn. Ct. App. 2013
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State v. Amundson
828 N.W.2d 747
Minn. Ct. App. 2013
the supreme court held that this court erred in remanding a case in which the sentencing court failed to state reasons for an upward departure on the record at the time of sentencing.
- State v. Rushton 820 N.W.2d 287 Minn. Ct. App. 2012
- State v. Castillo-Alvarez 820 N.W.2d 601 Minn. Ct. App. 2012
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State v. Rushton
820 N.W.2d 287
Minn. Ct. App. 2012
(on remand a guidelines sentence must be imposed if district court did not state reasons for departure on the record).
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State v. Castillo-Alvarez
820 N.W.2d 601
Minn. Ct. App. 2012
“[A]bsent a statement of the reasons for the sentencing departure placed on the record at the time of sentencing, no departure will be allowed.”
- State v. Petersen 799 N.W.2d 653 Minn. Ct. App. 2011
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State v. Petersen
799 N.W.2d 653
Minn. Ct. App. 2011
“We review a sentencing court’s departure from the sentencing guidelines for an abuse of discretion.”
- State v. Haggins 798 N.W.2d 86 Minn. Ct. App. 2011
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State v. Haggins
798 N.W.2d 86
Minn. Ct. App. 2011
“[A]bsent a statement of the reasons for the sentencing departure placed on the record at the time of sentencing, no departure will be allowed.”