State v. Garcia

How courts have described this case

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

• noting that even if mitigating factors are present, court is not required to depart
• upholding a sentencing departure because the trial court, while relying on a few improper factors, also based its decision on appropriate sentencing considerations and, therefore, did not clearly abuse its discretion
• affirming, dispositional departure because defendant was an “extremely poor candidate” for probation
• generally reviewing sentencing departures for a clear abuse of discretion
• overruled on other grounds by State v. Givens, 544 N.W.2d 774 (Minn. 1996). “Consequently, departures from the guidelines are discouraged and are intended to apply to a small number of cases.” State v. Solberg, 882 N.W.2d 618, 623 (Minn. 2016

Source: CourtListener parenthetical corpus (CC0).

Cited by

151 cases in this archive cite this case; the 20 most cited are listed.

• State v. Kindem
  Supreme Court of Minnesota· 1981-12-07· cited 267×
• State v. Trog
  Supreme Court of Minnesota· 1982-08-17· cited 160×
• State v. Murphy
  Supreme Court of Minnesota· 1996-04-12· cited 128×
• State v. Shattuck
  Supreme Court of Minnesota· 2005-10-06· cited 124×
• State v. Misquadace
  Supreme Court of Minnesota· 2002-05-09· cited 115×
• In re the Personal Restraint of Breedlove
  Washington Supreme Court· 1999-06-24· cited 102×
• State v. Back
  Supreme Court of Minnesota· 1983-12-09· cited 96×
• State v. Schantzen
  Supreme Court of Minnesota· 1981-07-15· cited 82×
• State v. Jackson
  Supreme Court of Minnesota· 2008-05-30· cited 81×
• State v. Norton
  Supreme Court of Minnesota· 1982-12-30· cited 80×
• Rairdon v. State
  Supreme Court of Minnesota· 1996-12-12· cited 76×
• Taylor v. State
  Supreme Court of Minnesota· 2003-11-06· cited 75×
• State v. Van Ruler
  Court of Appeals of Minnesota· 1985-12-03· cited 73×
• State v. Givens
  Supreme Court of Minnesota· 1996-03-08· cited 64×
• Ture v. State
  Supreme Court of Minnesota· 1984-06-29· cited 56×
• State v. Heywood
  Supreme Court of Minnesota· 1983-09-16· cited 50×
• Garcia v. State
  District Court of Appeal of Florida· 1984-08-14· cited 47×
• State v. Spaeth
  Supreme Court of Minnesota· 1996-07-11· cited 44×
• State v. Peake
  Supreme Court of Minnesota· 1985-04-26· cited 42×
• State v. Cermak
  Supreme Court of Minnesota· 1984-02-17· cited 38×