# State of Minnesota v. Jose Arriage Soto, Jr.

> Supreme Court of Minnesota · October 22, 2014 · 855 N.W.2d 303

URL: https://www.frixlaw.com/law-library/cases/9804378

## Case

- **Full name:** STATE of Minnesota, Respondent, v. Jose Arriaga SOTO, Jr., Appellant
- **Court:** Supreme Court of Minnesota
- **Decided:** October 22, 2014
- **Citations:** 855 N.W.2d 303; 2014 Minn. LEXIS 571
- **Precedential status:** Published
- **Opinion:** Dissent by Anderson
- **Judges:** Lillehaug, Gildea, Anderson
- **Cited by:** 125 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9804378

## How later opinions describe it (automated extraction)

- explaining that “‘particularly’ means ‘especially’ or ‘specifically’” and that “requiring a defendant to be particularly amenable to probation . . . ensure[s] that the defendant’s amenability to probation distinguishes the defendant from most others and truly presents the subs…
- holding that a sentencing court must assign a sentence within the presumptive range “‘unless there exist identifiable, substantial, and compelling circumstances’ that distinguish a case”
- holding that particular amenability to probation, rather than mere amenability to probation, “can justify staying a presumptively executed sentence,” which is a dispositional departure
- noting that “[a] sentencing court ‘must pronounce a sentence within the applicable range unless there exist identifiable, substantial, and compelling circumstances’” justifying a departure from the presumptive range (quoting Minn. Sent. Guidelines 2.D.1)
- finding that defendant presented such a “rare” case and agreeing with this court that “the district court abused its discretion when it stayed [appellant’s] sentence”

## Opinion text

ANDERSON, Justice
(dissenting).
I join in the dissent of Justice Page.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9804378. Public record. Not legal advice.