| A25-0872 |
Minn. Ct. App. |
2026-04-06 |
Reversed and remanded
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Mathew Paul Crow v. State of Minnesota
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… tion component of a plea agreement when no aggravating circumstances justify a sentencing departure. Id. at 538-39. Because the conviction and sentencing components of a plea agreement are “interrelated,” the supreme court determined tha …
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| a251050 |
Minn. Ct. App. |
2026-02-23 |
Reversed and remanded
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State of Minnesota v. Paul Lewis Mason
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… State v. Rund, 1 We also note that there does not appear to be a sentencing departure report in the record, though the sentencing order notes that the sentence was a downward durational departure. …
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| a231711 |
Minn. Ct. App. |
2024-10-14 |
Reversed and remanded
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State of Minnesota v. Kenneth Jagger Crawford
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… district court had authority to grant his request for a downward-dispositional sentencing departure, based on the state’s assertion that, because it had not invoked the mandatory-minimum sentencing provision in the charging document, tha …
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| a231695 |
Minn. Ct. App. |
2024-06-10 |
Reversed and remanded
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State of Minnesota v. Samantha Dana Schroeder
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… 4 The same day as the hearing, the district court issued a sentencing departure report. 1 As mitigating factors related to the offense, the district court noted that Schroeder’s crime was “less onerous than usual.” As …
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| a231094 |
Minn. Ct. App. |
2024-05-20 |
Reversed and remanded
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State of Minnesota v. Stonii Jream Allen
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… ure request by misapplying the law. We agree. There are two types of sentencing departures, each serving different purposes. “A dispositional departure places the offender in a different setting than that called for by the pres …
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| a231010 |
Minn. Ct. App. |
2024-02-26 |
Reversed and remanded
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State of Minnesota v. Eric Alan Gramentz
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… t probationary conditions justified the departure, is insufficient to support a sentencing departure in the absence of a finding that Gramentz is particularly amenable to probation. 3 Gramentz cites two nonprecedential decisions in suppor …
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| a230386 |
Minn. Ct. App. |
2023-12-11 |
Reversed and remanded
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State of Minnesota v. Ronald Wayne Taleronik
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… nces apply to Taleronik’s conviction, pronouncing a consecutive sentence was a sentencing departure for which the district court provided no reason. When departing from the presumptive sentence, the district court “must disclose in …
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| A15-2037 |
Minn. Ct. App. |
2017-02-13 |
Reversed and remanded
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State of Minnesota v. Jack Warren Nomeland
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… ng “enhancement” and “aggravating” to describe factors that serve as basis for sentencing departure). As appellant argues, scenarios (1) and (3) exist here, and a resentencing hearing on remand would violate the prohibition on dou …
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| A16-1117 |
Minn. Ct. App. |
2017-01-30 |
Reversed and remanded
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State of Minnesota v. Anthony Ra Hare
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… etion by failing to find substantial and compelling circumstances to justify a sentencing departure, we reverse and remand for resentencing. FACTS Respondent Anthony Ra Hare pleaded guilty …
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| A16-607 |
Minn. Ct. App. |
2016-12-05 |
Reversed and remanded
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State of Minnesota v. Braden Jay Olson
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… termine whether there are aggravating factors that would support an aggravated sentencing departure. State v. Thompson, 720 N.W.2d 820, 827 (Minn. 2006). But a defendant must make a knowing, voluntary, and intelligent waiver that meets t …
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| A16-561 |
Minn. Ct. App. |
2016-08-22 |
Reversed and remanded
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State of Minnesota v. Abigail Rae Trulson
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… ubstantially less serious than the typical theft.2 Accordingly, we reverse the sentencing departure and remand to the district court for imposition of a guidelines sentence. 2 We acknowledge the district court’s motivation to give Tru …
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| A15-1177 |
Minn. Ct. App. |
2016-08-01 |
Reversed and remanded
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State of Minnesota v. Armando DeLaCruz, Jr.
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… the district court abused its discretion by failing to consider factors for a sentencing departure); State v. Mendoza, 638 N.W.2d 480, 484 (Minn. App. 2002) (“This 8 While Westlaw states that Le has been “abrogated,” Rubey does not e …
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| A16-21 |
Minn. Ct. App. |
2016-06-27 |
Reversed and remanded
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State of Minnesota v. John Porter Jackson
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… ial and compelling circumstances are present. Id. “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.” State …
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| A15-1235 |
Minn. Ct. App. |
2016-03-28 |
Reversed and remanded
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State of Minnesota v. Darren Clinton
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… quadace, 644 N.W.2d 65, 72 (Minn. 2002). Even when a plea agreement proposes a sentencing departure, the district court must still determine whether the offense includes any aggravating or mitigating circumstances warranting a departure. …
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| A15-1418 |
Minn. Ct. App. |
2016-03-14 |
Reversed and remanded
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State of Minnesota v. Glenn Kevin Hazley
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… a Supreme Court has held “that plea agreements cannot form the sole basis of a sentencing departure.” State v. Misquadace, 644 N.W.2d 65, 71 (Minn. 2002). Misquadace implicitly rejects that a plea agreement permits application of the …
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| A15-309 |
Minn. Ct. App. |
2015-08-31 |
Reversed and remanded
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State of Minnesota v. Krystal Elizabeth Alwin
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… ssession, a felony. Alwin pleaded guilty and moved for a dispositional sentencing departure, requesting that the presumptive year-and-a-day stayed felony sentence be reduced by one day to a 365-day stayed gross-misdemeanor senten …
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| A14-844 |
Minn. Ct. App. |
2015-06-15 |
Reversed and remanded
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State of Minnesota v. Raheem Michael Kemokai
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… age to property. The state also filed a notice of its intent to seek an upward sentencing departure on the grounds that appellant had two or more convictions for violent crimes and represented a danger to public safety under Minn. Stat. § …
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| A14-1983 |
Minn. Ct. App. |
2015-05-18 |
Reversed and remanded
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State of Minnesota v. Shannon Marie Kiesner
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… replacement). Appellant pleaded guilty to the charge and moved for a downward sentencing departure. At the sentencing hearing, defense counsel 2 stated that the offense occurred when responden …
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| A15-222 |
Minn. Ct. App. |
2015-05-18 |
Reversed and remanded
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State of Minnesota v. Parnard Smith, Jr.
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… owever, the sentencing guidelines limit the district court’s discretion, and a sentencing departure is justified only if “‘there exist identifiable, substantial, and compelling circumstances’ that distinguish a case and overcome the pres …
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| A14-2129 |
Minn. Ct. App. |
2015-05-04 |
Reversed and remanded
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State of Minnesota v. Leroy Lamar Morris
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… t; and (4) “[he pleaded] guilty before we had to go through the trial.” In the sentencing departure report, the district court characterized the downward departure as “[d]ispositional.” It gave three reasons for the departure in the repo …
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| A14-1130 |
Minn. Ct. App. |
2015-02-17 |
Reversed and remanded
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State of Minnesota v. Leann Bobleter Sargent
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… ectively adopted the following general rules governing when a district court’s sentencing departure may be affirmed or reversed: 1. If no reasons for departure are stated on the record at the time of …
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| A14-424 |
Minn. Ct. App. |
2014-10-20 |
Reversed and remanded
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Laura Barreto Renteria v. State of Minnesota
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… ted the plea and noted that it was understood that appellant would argue for a sentencing departure. At appellant’s sentencing hearing, appellant’s attorney recalled that she was initially slated to go through a diversion program, …
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| A13-1682 |
Minn. Ct. App. |
2014-09-02 |
Reversed and remanded
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State of Minnesota v. Thomas Wayne Eilertson
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… iples, we conclude that negotiated plea agreements that include a sentencing departure are justified under the guidelines in cases where substantial and compelling circumstances exist. A plea agreem …
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| No. A09-0243 |
Minn. |
2011-09-21 |
Reversed
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State v. Borg
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… the district court abused its discretion by refusing to impose a disposi-tional sentencing departure, and that Borg was entitled to specific performance of the State's plea offer. Because we previously denied Borg’s petition for cross-revie …
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| No. A10-1053 |
Minn. Ct. App. |
2011-05-03 |
Reversed
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State v. Weaver
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… guilt, as well as his right to a sentencing trial on facts that might support a sentencing departure. The two pending charges of second-degree unintentional felony murder under Minn. Stat. § 609.19 , subd. 2(1) (1998), which were based on t …
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| A04-1808 |
Minn. |
2006-09-07 |
Reversed
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State v. Thompson
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… cing Guidelines. Thompson challenged her sentence on appeal, arguing the upward sentencing departure violated her right to a jury trial on sentencing enhancement factors as required under Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 …
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| A04-975 |
Minn. |
2006-08-10 |
Reversed
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State v. Dettman
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… ely , the court of appeals reversed Dettman’s sentence, holding that the upward sentencing departure was unconstitutional because it was based on judicial findings of fact. State v. Dettman, 696 N.W.2d 812, 813, 816 (Minn.App.2005). The cou …
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| A04-2050 |
Minn. Ct. App. |
2005-12-27 |
Reversed
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State v. Montgomery
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… cretion by admitting Spreigl evidence and by denying his motion for a mitigated sentencing departure. He also claims the prosecutor committed misconduct. FACTS According to testimony in the trial that began on April 19, 2004, Brenda Peterso …
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| A04-57 |
Minn. |
2005-06-23 |
Reversed
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State v. Leake
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… ur decision in Smith , in Blakely the Supreme Court addressed whether an upward sentencing departure under Washington’s sentencing guidelines violated the defendant’s Sixth Amendment right to a jury trial because the district court, rather …
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| A04-278 |
Minn. Ct. App. |
2004-09-28 |
Reversed
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Spann v. State
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… ct. .Appellant also claimed that the district court erred in imposing an upward sentencing departure. After appellant’s brief was filed but before the state’s brief was due, the parties reached a stipulated resolution of appellant’s appeal. …
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| CX-89-1054 |
Minn. Ct. App. |
1990-01-30 |
Reversed
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State v. Jones
|
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… ences in regard to the crime allegedly committed against Ms. Bush constituted a sentencing departure. Under sentencing guideline II.F: When an offender is convicted of multiple current offenses, * * * concurrent sentences shall be given in …
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| C6-86-906 |
Minn. Ct. App. |
1987-01-16 |
Reversed
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State v. Srey
|
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… stitutes a major economic offense. Such crimes, if proved, might well support a sentencing departure. The issue presented in this case is whether the sentencing court abused its discretion when it considered numerous other checks allegedly …
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| C9-82-1507 |
Minn. |
1984-02-17 |
Reversed and remanded
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State v. Wiplinger
|
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… of the kidnapping charge and a promise by the prosecutor not to seek an upward sentencing departure. The victim was the first witness at trial. She positively identified defendant and testified that she had identified him at the lineup. De …
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| 81-585 |
Minn. |
1981-12-11 |
Reversed
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State v. Erickson
|
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… e v. Brouillette, 286 N.W.2d 702 (Minn.1979). 3. The third issue is whether the sentencing departure was justified. The parties agree on appeal that the presumptive sentence for the sex offense was 54 months. The presumptive sentence for th …
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