Cited by
Opinions in Minnesota that cite State v. Van Ruler, 378 N.W.2d 77.
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State of Minnesota, Respondent,
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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A18-1219
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, Respondent,
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, Respondent, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
’” (alteration in original) (quoting State v. Van Ruler , ).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
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, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
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, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
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, Respondent,
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, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
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, Respondent,
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, Respondent,
Minn. Ct. App. 2018
d 77, 80–81 (Minn. App. 1985); see also Johnson, d at 926.
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State of Minnesota, Respondent,
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, Respondent,
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, Respondent,
Minn. Ct. App. 2017
d 77, 80 (Minn. App. 1985).
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State of Minnesota, Respondent,
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, Respondent,
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, Respondent,
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, Respondent, Minn. Ct. App. 2017
- State of Minnesota, Respondent, 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
- State of Minnesota v. Davie Eugene McCoy Minn. Ct. App. 2016
- State of Minnesota v. David Arthur Barnes Minn. Ct. App. 2016
- State of Minnesota v. Scott Anthony Hebert Minn. Ct. App. 2016
- State of Minnesota v. Scott Anthony Hebert Minn. Ct. App. 2016
- State of Minnesota v. Mark Anthony Sanders Minn. Ct. App. 2016
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State of Minnesota v. Mark Anthony Sanders
Minn. Ct. App. 2016
Minnesota law is clear that “[a]lthough the trial 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.” (citation omitted).
- State of Minnesota v. Matthew Christopher Desjarlais Minn. Ct. App. 2016
- State of Minnesota v. Matthew Christopher Desjarlais Minn. Ct. App. 2016
- State of Minnesota v. Timothy Andrew Swan Minn. Ct. App. 2016