| A24-0952 |
Minn. |
2026-04-01 |
Affirmed
|
State of Minnesota v. Shawn Michael Tillman
|
|
… Lastly, Tillman argues that the district court improperly imposed an upward sentencing departure when it sentenced him to life without the possibility of release under 42 Minn. Stat. § 60 …
|
| a240539 |
Minn. Ct. App. |
2026-03-09 |
Affirmed
|
State of Minnesota v. Lashun Miller
|
| a250234 |
Minn. Ct. App. |
2026-01-05 |
Affirmed
|
State of Minnesota v. DeAngelo Cortez Ransom
|
| a250550 |
Minn. Ct. App. |
2025-12-29 |
Affirmed
|
State of Minnesota v. Brooke Marie Brogaard
|
|
… entered into a plea agreement and jointly recommended a downward dispositional sentencing departure, which would stay execution of appellant’s 125-month prison sentence for up to five years with supervised probation. The district court a …
|
| a240916 |
Minn. Ct. App. |
2025-11-17 |
Affirmed
|
State of Minnesota v. Bryant Wayne Paige
|
|
… on presented to it, including the parties’ arguments, appellant’s motion for a sentencing departure, the PSI, and the psychosexual evaluation. The district court determined that there were no substantial or compelling circumstances that …
|
| a241747 |
Minn. Ct. App. |
2025-09-02 |
Affirmed
|
State of Minnesota v. Isaac Gutierrez
|
|
… 18). In Dentz, we reversed the district court’s grant of a downward durational sentencing departure for a conviction of soliciting a minor to engage in prostitution. Id. at 99. In granting the departure, the district court relied on Dentz …
|
| a241771 |
Minn. Ct. App. |
2025-09-02 |
Affirmed
|
Christopher Lee Konakowitz v. State of Minnesota
|
|
… herefore, Minn. Stat. § 244.10, subd. 5a(b), “allows a court to base an upward sentencing departure on any aggravating factor, even if the aggravating factor relates, or arises in connection with another offense committed during the same …
|
| a241111 |
Minn. Ct. App. |
2025-05-19 |
Affirmed
|
State of Minnesota v. Matthew Michael Lewis
|
|
… ld its side of the agreement by remaining silent during Lewis’s argument for a sentencing departure, the district court made no promises to Lewis in the plea agreement or at the plea hearing, and the record demonstrates that Lewis knew a …
|
| a240830 |
Minn. Ct. App. |
2025-04-28 |
Affirmed
|
State of Minnesota v. Cass Howard Ellingboe
|
|
… earm, with the understanding that he could argue for a downward- dispositional sentencing departure. Ellingboe also submitted a signed plea petition. In exchange for his plea, the state dismissed the remaining charges. In setting …
|
| a231766 |
Minn. Ct. App. |
2024-08-26 |
Affirmed
|
State of Minnesota v. Kevin Kris Christensen
|
|
… p. 2011) (quotation omitted). We review a district court’s denial of a sentencing departure for an abuse of discretion. State v. Solberg, 882 N.W.2d 618, 623 (Minn. 2016). And an appellate court “will not ordinarily interfere wit …
|
| a231525 |
Minn. Ct. App. |
2024-06-10 |
Affirmed
|
State of Minnesota v. Jill Marie Zetterwall
|
|
… court abused its discretion in denying her motion for a downward dispositional sentencing departure. Because we discern no abuse of discretion by the district court in imposing the presumptive sentence, we affirm. …
|
| a230793 |
Minn. Ct. App. |
2024-05-28 |
Affirmed
|
State of Minnesota v. Marvel Galvaston Williams
|
|
… ilty pleas, and alternatively, by denying his motion for a downward durational sentencing departure for the third-degree murder offense. Because the district court did not err in denying Williams’s plea- withdrawal motion or abuse its di …
|
| a230922 |
Minn. Ct. App. |
2024-04-08 |
Affirmed
|
State of Minnesota v. Nicholas John Reinert
|
|
… right to a jury trial and pleaded guilty but reserved the right to argue for a sentencing departure. At appellant’s request, the district court continued his sentencing hearing until February 15, 2023, to allow him time to get an updated …
|
| a231152 |
Minn. Ct. App. |
2024-04-08 |
Affirmed
|
Alan Joseph Zakrajshek v. State of Minnesota
|
|
… have any factual objections to it. Zakrajshek’s attorney argued for a downward sentencing departure and requested 90 months’ imprisonment instead of 144 months. Zakrajshek addressed the district court at sentencing. He did not indicate t …
|
| a230271 |
Minn. Ct. App. |
2024-03-25 |
Affirmed
|
State of Minnesota v. Henry Lee Brown
|
|
… inaccurate, and (3) the district court abused its discretion by denying him a sentencing departure. We affirm. FACTS In March 2021, respondent State of Minnesota charged appellant Henry L …
|
| a230605 |
Minn. Ct. App. |
2024-03-18 |
Affirmed
|
State of Minnesota v. Brandon Lee Berry
|
|
… ded guilty. Berry moved the district court for a downward dispositional sentencing departure and supported his motion with a memorandum that included research on brain development in males under 25 years old. Berry relied mostly o …
|
| a231270 |
Minn. Ct. App. |
2024-03-11 |
Affirmed
|
Michael Walton Hinton v. State of Minnesota
|
|
… fit of his plea bargain. We are not persuaded. Hinton is correct that a sentencing departure “cannot be based on uncharged or dismissed offenses.” Jones, 745 N.W.2d at 849. But “it is generally proper for the court to consider the …
|
| A220105 |
Minn. |
2024-03-06 |
Affirmed
|
State of Minnesota v. Curtis Lablanche Vanengen
|
|
… strict court did not abuse its discretion when it ordered an upward durational sentencing departure for third-degree criminal sexual conduct against a physically helpless person, in violation of Minnesota Statutes section 609.344, subdivi …
|
| a230736 |
Minn. Ct. App. |
2024-03-04 |
Affirmed
|
State of Minnesota v. Dennis John Edmondson
|
|
… .W.2d 319, 329 (Minn. App. 2015) (affirming district court’s upward durational sentencing departure 6 and acknowledging that district court considered mitigating factors that included appel …
|
| a230382 |
Minn. Ct. App. |
2024-02-05 |
Affirmed
|
State of Minnesota v. Jason Cole Hence
|
|
… court abused its discretion in denying his motion for a downward dispositional sentencing departure because the district court failed to meaningfully consider whether appellant’s youth justified such a departure. We affirm. …
|
| a230388 |
Minn. Ct. App. |
2024-01-16 |
Affirmed
|
State of Minnesota v. Terrick Anthony Ruffin
|
|
… appellant challenges the district court’s denial of his motion for a downward sentencing departure and calculation of custody credit. Because the district court did not abuse its discretion in imposing the presumptive sentence and prope …
|
| a221710 |
Minn. Ct. App. |
2024-01-16 |
Affirmed
|
A23-0163 Jose Armando Padilla v. State of Minnesota
|
|
… t court should have used its equitable authority to grant appellant a downward sentencing departure. Id. By contrast, Padilla asked the district court to correct his sentence under rule 27.03, subdivision 9. When determining whether to c …
|
| a230383 |
Minn. Ct. App. |
2023-12-18 |
Affirmed
|
State of Minnesota v. Damon Marvin Henning, Jr.
|
|
… ncing discretion even if it determines that factors exist that might support a sentencing departure. See State v. Walker, 913 N.W.2d 463, 468-69 (Minn. App. 2018) (concluding that a district court did not abuse its discretion in …
|
| a230058 |
Minn. Ct. App. |
2023-12-18 |
Affirmed
|
State of Minnesota v. Daniel John Wyatt
|
|
… he failed to identify any substantial and compelling circumstance warranting a sentencing departure, we affirm. FACTS Hennepin County Sheriff’s deputies arrested Daniel Wyatt in March 2022, …
|
| a230122 |
Minn. Ct. App. |
2023-12-04 |
Affirmed
|
State of Minnesota v. Joseph John Hall
|
|
… ion jury instruction and its denial of his motion for a downward dispositional sentencing departure. Because Hall was not prejudiced by the district court’s decision not to give a voluntary-intoxication jury instruction, and the district …
|
| a230167 |
Minn. Ct. App. |
2023-11-13 |
Affirmed
|
State of Minnesota v. Catherine Ann Skavlem-Short
|
|
… court abused its discretion by denying her motion for a downward dispositional sentencing departure. We affirm. FACTS Respondent State of Minnesota charged appellant Catherine Ann Skavlem-S …
|
| A16-1050 |
Minn. Ct. App. |
2017-01-30 |
Affirmed
|
State of Minnesota v. Everett Williams, Jr.
|
|
… nd guilty. At the sentencing hearing appellant moved for a downward sentencing departure and argued that the district court was not precluded from granting this motion under the plain language of Minn. Stat. § 609.11, subd. 8( …
|
| A15-684 |
Minn. Ct. App. |
2016-12-27 |
Affirmed
|
State of Minnesota v. Earl Lionell Ward
|
|
… have a jury decide whether aggravating factors supported an upward durational sentencing departure, leaving that decision to the district court. Ward provided a factual basis for the plea, answered questions from his lawyer, the prosecu …
|
| A16-5 |
Minn. Ct. App. |
2016-12-12 |
Affirmed
|
State of Minnesota v. Leroy Lamar Morris
|
|
… ed Morris’s plea. Prior to the sentencing hearing, Morris moved for a downward sentencing departure. Morris moved for a dispositional departure in the form of a stayed sentence with up to 20 years of probation, and in the alternative, an …
|
| A15-1683 |
Minn. Ct. App. |
2016-12-12 |
Affirmed
|
State of Minnesota v. Albert William Brown
|
|
… s cannot support a finding of three or more separate transactions to justify a sentencing departure. 641 N.W.2d 3, 9 (Minn. 2002). In that case, a CRI conducted five 8 controlled purchases …
|
| A14-906 |
Minn. |
2016-12-07 |
Affirmed
|
Willie Edd Reynolds v. State of Minnesota
|
| A15-2028 |
Minn. Ct. App. |
2016-12-05 |
Affirmed
|
State of Minnesota v. Lawrence Lee Hicks
|
|
… the district court abused its discretion when it imposed an upward durational sentencing departure based on Minn. Stat. § 244.10, subd. 5a(a)(3), (2014), particular cruelty, and particular vulnerability. Because we conclude that the dis …
|
| A16-534 |
Minn. Ct. App. |
2016-12-05 |
Affirmed
|
Marcus Allen Brown v. State of Minnesota
|
|
… ntence in October 2007, alleging Blakely violations and challenging the upward sentencing departure. The postconviction court concluded that Brown had waived his right to a Blakely hearing, we affirmed, and …
|
| A16-84 |
Minn. Ct. App. |
2016-11-21 |
Affirmed
|
State of Minnesota v. Frank Henry Stanhope
|
|
… tanhope’s motion to withdraw his guilty plea, denied his motion for a downward sentencing departure, and sentenced him to serve 120 months in prison. This appeal follows. DECISION Stanhope con …
|
| A15-1532 |
Minn. Ct. App. |
2016-10-24 |
Affirmed
|
State of Minnesota v. Nathan Charles Robert Schwartz
|
|
… ord demonstrates that the district court considered appellant’s argument for a sentencing departure. At sentencing, the district court reviewed the pre-sentence investigation report, which recommended the presumptive sentence, and hea …
|
| A15-1891 |
Minn. Ct. App. |
2016-10-24 |
Affirmed
|
State of Minnesota v. Brock William Orwig
|
|
… e fact of multiple blows proves an element of the crime and cannot justify the sentencing departure. The argument rests on a mistaken premise; multiple blows were not necessary for the club to constitute a dangerous weapon. A “dan …
|
| A15-1701 |
Minn. Ct. App. |
2016-10-11 |
Affirmed
|
State of Minnesota v. Juanel Anthony Mikulak
|
|
… r “24 hours thereafter.” The court denied Mikulak’s motion for a dispositional sentencing departure and sentenced him to 36 months in prison. Mikulak now appeals his conviction, arguing that the district court improperly accepted his gui …
|
| A16-178 |
Minn. Ct. App. |
2016-08-29 |
Affirmed
|
State of Minnesota v. Jarvaughn Douglas Washington
|
|
… dency treatment as well as his acceptance of responsibility as reasons for the sentencing departure. The district court ordered Washington to abstain from alcohol and non-prescribed chemicals, to submit to random testing, to complete che …
|
| A14-2187 |
Minn. |
2016-08-17 |
Affirmed
|
State of Minnesota v. August Latimothy Fleming
|
|
… son and second-degree assault. The district court imposed an upward durational sentencing departure for the possession conviction because Fleming fired the gun six times in a park filled with children, thereby creating a greater-than-norm …
|
| A16-133 |
Minn. Ct. App. |
2016-08-08 |
Affirmed
|
State of Minnesota v. Harrison William Rund
|
|
… ay provide a substantial and compelling reason to impose a downward durational sentencing departure if it shows that the defendant’s 7 conduct in committing the offense of conviction was sign …
|
| A15-242 |
Minn. |
2016-07-27 |
Affirmed
|
State of Minnesota v. Jacob Miles Solberg
|
|
… ay provide a substantial and compelling reason to impose a downward durational sentencing departure if the mitigating factor shows that the defendant’s conduct in committing the offense of conviction is significantly less serious than th …
|
| A16-182 |
Minn. Ct. App. |
2016-07-25 |
Affirmed
|
State of Minnesota v. Ricardo Kletschka
|
|
… ed the factors relevant to a 3 sentencing departure and concluded that, if the court had discretion to consider the matter, a departure would be inappropriate. The district court imposed a 6 …
|
| A15-1941 |
Minn. Ct. App. |
2016-06-27 |
Affirmed
|
Ta-Raj Tondell Satari Benness v. State of Minnesota
|
|
… ss’s motion for a 5 downward sentencing departure included sections entitled “Victim Aggression” and “Imperfect Self-Defense.” Benness’s claim of manifest injustice is not supporte …
|
| A15-1429 |
Minn. Ct. App. |
2016-06-13 |
Affirmed
|
State of Minnesota v. Jonathon Michael Honeycutt
|
|
… entence, and we reversed and remanded the district court’s downward durational sentencing departure. Honeycutt, 2016 WL 281425, at *1. In this appeal from the judgment of conviction, appellant argues that the district court abused its di …
|
| A15-1463 |
Minn. Ct. App. |
2016-06-13 |
Affirmed
|
State of Minnesota v. Dalal Bayle Idd
|
|
… for a downward 3 dispositional sentencing departure. Idd argued that he was amenable to probation because he committed the offenses while experiencing mental health issues, but had since rec …
|
| A15-1618 |
Minn. Ct. App. |
2016-06-13 |
Affirmed
|
State of Minnesota v. Allen Maurice Moffett
|
|
… ct court abused its discretion by denying his motion for a downward durational sentencing departure and imposing the presumptive sentence. Appellant also raises several issues in a pro se supplemental brief. We affirm. …
|
| A15-954 |
Minn. Ct. App. |
2016-05-23 |
Affirmed
|
State of Minnesota v. Elijah Emmanual Maddox
|
|
… DECISION Maddox appeals the district court’s upward sentencing departure. We review a district court’s decision to depart from the sentencing guidelines for an abuse of discretion. State v. Hicks, 864 N.W.2d 15 …
|
| A14-584 |
Minn. |
2016-05-18 |
Affirmed
|
State of Minnesota v. Julian Sanchez-Sanchez
|
|
… he State notified Sanchez-Sanchez that it intended to seek an upward durational sentencing departure based on the pres *327 ence of three aggravating factors: (1) the offense constituted a “major controlled substance offense,” Minn. Sent. G …
|
| A15-991 |
Minn. Ct. App. |
2016-05-09 |
Affirmed
|
State of Minnesota v. David Charles Adams
|
|
… as held that a victim-impact statement may not serve as the factual basis of a sentencing departure if the record does not otherwise contain evidence to support a departure. State v. Yanez, 469 N.W.2d 452, 455 (Minn. App. 1991), review d …
|
| A15-904 |
Minn. Ct. App. |
2016-04-25 |
Affirmed
|
State of Minnesota v. Morgan Lee Thompson
|
|
… f first-degree aggravated robbery. Thompson moved for a downward dispositional sentencing departure based on his significant and untreated mental-health and substance-abuse problems. The district court denied the motion and imposed a pre …
|