Cited by
Opinions in Minnesota that cite State v. Van Ruler, 378 N.W.2d 77.
- State of Minnesota v. Timothy Daniel Miller Minn. Ct. App. 2019
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State of Minnesota v. Shawn James McEachern
Minn. Ct. App. 2019
Although a district court is required to provide reasons for departure, “an explanation is not required when the court considers reasons for departure but elects to impose the presumptive sentence.” State v. Van Ruler
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State of Minnesota v. Michael Alan Bunnell
Minn. Ct. App. 2019
And, “[a]lthough the [district] court is required to give reasons for departure, an explanation is not required when the court c onsiders reasons for depa rture but elects to impose the presumptive sentence.” State v. Van Ruler
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State of Minnesota v. Monroe Leshawn Harrell
Minn. Ct. App. 2019
district court is not required to explain its reasons for imposing a presumptive sentence so long as it considers the proposed reasons for departure, and we may not interfere wit h the district court ’s exercise of discretion so long as “the record shows the sentencing court carefully evaluated all the testimony and information presented before making a determination.” State v. Van Ruler , d 77, 80-81 (Minn. App. 1985); (“[T]he district court is not required to explain its reasons for imposing a
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State of Minnesota v. Jason Rudolf Vadner
Minn. Ct. App. 2019
We may not interfere with a sentencing court’s exercise of discretion in imposing a presumptive sentence “as long as the record shows the sentencing court carefully evaluated all the testimony and information presented.”
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State of Minnesota v. Ramiro Alejandro Pena
Minn. Ct. App. 2019
A district court is not required to explain its reasoning for imposing a presumptive sentence “as long as the record sho ws the sentencing court care fully evaluated all the testimony and information presented before making a determination.” -81 (Minn. App. 1985).
- State of Minnesota v. Anthony Scott David Auginaush Minn. Ct. App. 2019
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State of Minnesota v. Johnson Bankole Oluwalowo
Minn. Ct. App. 2019
’” Johnson, d at 925 (alteration in original) (quoting State v. Van Ruler , ).
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State of Minnesota v. Cornelius Johnson
Minn. Ct. App. 2019
An appellate court cannot simply substitute its judgment for that of the district court, and, absent a clear abuse of discretion, appellate courts “generally will not interfere.” -81 (Minn. App. 1985) (“The reviewing court may not interfere with the sentencing court’s exercise of discretion, as long as the re cord shows the sentencing court carefully evaluated all the testimony and information presented before making a determination [to impose the presumptive sentence].”).
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State of Minnesota v. Steven Wayne Culver
Minn. Ct. App. 2019
See (noting that even when departure factors exist, “an explanation is not required when the court considers reasons for departure but el ects to impose the presumptive sentence”).
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State of Minnesota v. Michael John Martin
Minn. Ct. App. 2019
See State v. Van Ruler , (“Although the [district] court is required to give reasons for departure, an explanation is not required when the court considers reasons for departure but elects to impose the presumptive sentence.”).
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State of Minnesota v. Michael Jon Schluessler
Minn. Ct. App. 2019
A nd, “[a]lthough the [district] court is required to give reasons fo r departure, an explanation is not required when the court cons i d e r s r e a s o n s f o r d e p a r t u r e b u t elects to impose the presumptive sentence.”
- State of Minnesota v. Michael Jacob Watson Minn. Ct. App. 2019
- State of Minnesota v. Kevin Scott Smith Minn. Ct. App. 2019
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State of Minnesota v. Arcelus Antonio Williams
Minn. Ct. App. 2019
’” (alteration in original) (quoting State v. Van Ruler , ).
- State of Minnesota v. Tracy Lynn Bailey Minn. Ct. App. 2019
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State of Minnesota v. William Issac Jones
Minn. Ct. App. 2019
(stating that no explanation is required when the district court considers reasons for departure but elects to impose a presumptive sentence).
- State of Minnesota v. Peter Gribovsky Minn. Ct. App. 2019
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State of Minnesota v. Kevin Lamarr Ousley
Minn. Ct. App. 2019
17, 2013); (“[A]n explanation is not required when the court considers reasons fo r departure but elects to impose the presumptive sentence.”).
- State of Minnesota v. Joshua John Blanchard Minn. Ct. App. 2018
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State of Minnesota v. DeAntae Demond Davis
Minn. Ct. App. 2018
The district court has broad discretion in sentencing and we will not interfere with “the sentencing court’s exercise of discretion, as long as the record shows the sentencing court carefully evaluated all the testimony and inform ation presented before making a determination.”
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State of Minnesota v. James Ernest Piere
Minn. Ct. App. 2018
7 “Although the [district] court is required to give reasons for departure, an explanation is not required when the court considers reasons fo r departure but elects to impose the presumptive sentence.” State v. Van Ruler
- State of Minnesota, vs Phillip Julius Butenhoff, Jr. Minn. Ct. App. 2018
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State of Minnesota v. Stephen Jeroy Mister
Minn. Ct. App. 2018
“Although the [district] court is required to give reasons for departure, an explanation is not required when the court considers reasons for departure but elects to impose the presumptive sentence.”
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State of Minnesota v. James Dietz Lauck
Minn. Ct. App. 2018
We “may not interfere with the sentencing court’s exercise of discretion, as long as the record shows the sentencing court carefully evaluated all the testimony and information presented before making a determination.” -81 (Minn. App. 1985).
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State of Minnesota v. Robert Lee Ranzy, Jr.
Minn. Ct. App. 2018
d 77, 80–81 (Minn. App. 1985); see also Johnson, d at 926.
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State of Minnesota v. Brandon Deshawn Wilkes
Minn. Ct. App. 2018
We “may not interfere with the sentencing court’s ex ercise of discretion, as lo ng as the record shows the sentencing court carefully evaluated all the testimony and informati on presented before 5 making a determination.” -81 (Minn. App. 1985).
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State of Minnesota v. Joshua Marvin Duncan
Minn. Ct. App. 2017
W.2d 909, 917 (Minn. 1996) (d 478, 479 (Minn. 1981) , to hold that, when sentencing a defendant on the same day for multiple offenses not part of a single behavioral incident, occurring at different times, and involving different victims, a district court may assign one criminal history point for each previous felony conviction); (affirming use of the Hernandez method in sentencing multiple convictions against the same victim).
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State of Minnesota v. Tiffany Lynn Lambert
Minn. Ct. App. 2017
d 77, 80 (Minn. App. 1985).
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State of Minnesota v. Antion Deion Shelby, a/k/a Antione Tony Hill
Minn. Ct. App. 2017
See State v. Van Ruler , (concluding there is no requirement for district court to explain decision not to depart from presumptive sentence).
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State of Minnesota v. Robert Scott Wood
Minn. Ct. App. 2017
A lthough a district c ourt need not provide an explanation if it “considers reasons for [a] departure but elects to impose the presumptive sentence,” the district court here did so, explaining: Well, Mr. Wood, you know I find myself in a really difficult position.
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State of Minnesota v. Antonyo White
Minn. Ct. App. 2017
-81 (Minn. App. 1985) (noting that district court is not required to explain its reasoning for imposing sentence within presumptive range).
- State of Minnesota v. Hannah Christie Weyh Minn. Ct. App. 2017
- State of Minnesota v. Cory James Bebeau Minn. Ct. App. 2017
- State of Minnesota v. Chris Harry McIntosh Minn. Ct. App. 2017
- State of Minnesota v. Chris Harry McIntosh Minn. Ct. App. 2017
- State of Minnesota v. Kim Ronnie Blatcher Minn. Ct. App. 2016
- State of Minnesota v. Kim Ronnie Blatcher Minn. Ct. App. 2016
- State of Minnesota v. Dennis Ervin Carter Minn. Ct. App. 2016
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State of Minnesota v. Dennis Ervin Carter
Minn. Ct. App. 2016
(noting that if a district court considers the reasons for departure but chooses not to depart, an explanation is not required)
- State of Minnesota v. Ronald Casa Roby Minn. Ct. App. 2016
- State of Minnesota v. Ronald Casa Roby Minn. Ct. App. 2016
- State of Minnesota v. Ammanuel Ray Jones Minn. Ct. App. 2016
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State of Minnesota v. Ammanuel Ray Jones
Minn. Ct. App. 2016
d 77, 80 (Minn. App. 1985).
- State of Minnesota v. Nathaniel Donald Beulah Minn. Ct. App. 2016
- State of Minnesota v. Nathaniel Donald Beulah Minn. Ct. App. 2016
- State of Minnesota v. Duane Meredith Smith Minn. Ct. App. 2016
- State of Minnesota v. Duane Meredith Smith Minn. Ct. App. 2016
- State of Minnesota v. David Arthur Barnes Minn. Ct. App. 2016
- State of Minnesota v. Davie Eugene McCoy Minn. Ct. App. 2016