State v. Bertsch

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that, even if grounds for departure exist, a guidelines sentence is presumed to be appropriate and will not ordinarily be disturbed
• stating that the district court is not obligated to depart even when mitigating factors are present
• stating that appellate court “will not ordinarily interfere with a [presumptive guidelines] sentence . . . even if there are grounds that would justify departure” (quotation omitted)
• finding that the dissemination and possession offenses were part of the same behavioral incident because the evidence suggested that they all occurred, at least in part, on the same day
• stating that “we will not ordinarily interfere with a sentence falling within the presumptive sentence range, either dispositionally or durationally, even if there are grounds that would justify departure” (quotation omitted)
• stating that appellate courts “will not ordinarily interfere with a sentence falling within the presumptive sentence range, either dispositionally or durationally, even if there are grounds that would justify departure” (quotation omitted)

Source: CourtListener parenthetical corpus (CC0).