Cited by

We will reverse a district court ’s refusal to depart from the presumptive sentence only in a “rare case.”

(noting this court seldom overturns presumptive sentences without compelling circumstances) , review denied (Minn. July 20, 2010).

“[I]t would be a ra re case which would warrant reversal of the refusal to depart.”

“Only in a ‘rare’ case will a reviewing court reverse imposition of a presumptive sentence.” (), review denied (Minn. July 20, 2010).

See State v. Kindem , (recognizing that sentencing guidelines state that district court may depart when substantial and compelling reasons are present).

“Only in a ‘rare’ case will a reviewing court reverse imposition of a presumptive sentence.” (), review denied (Minn. July 20, 2010).

State v. Delk , review denied (Minn. July 20, 2010).

d 217, 223 (Minn. App. 1988) (“An appellate court will not g enerally review the [district] court’s exercise of its discretion in cases where the sentence imposed is within the presumptive range.” (quotation omitted)), review denied (Minn. Apr.

“[I]t would be a rare case which would warrant reversal of the refusal to depart.”

“Only in a ‘rare’ case will a reviewing court reverse imposition of a presumptive sentence.” d 426, 428 (Minn. App. 2010) (quoting State v. Kindem , ), review denied (Minn. July 20, 2010).

“Only in a ‘rare’ case will a reviewing court reverse imposition of a presumptive sentence.” (), review denied (Minn. July 20, 2010).

(quoting State v. Kindem

A district court has broad discretion in deciding whether to depart, and this court will reverse only if there is “a clear abuse of discretion.” review denied (Minn. Mar.

7 depart,” State v. Kindem , (quotation omitted) .

-8 (Minn. 1981) (affirming imposition of a presumptive sentence for aiding and abetting a robbery).

“Only in a ‘rare’ case will a reviewing court reverse imposition of a presumptive sentence.” (), review denied (Minn. July 20, 2010).

see also Delk, d at 428 (“This court will generally not exercise its authority to modify a sentence within the presumptive range absent compelling circumstances.” (quotation omitted)).

The supreme court opined in dicta that “it would be a rare case which would warrant reversal of the refusal to depart.”

(stating that “it would be a rare case which would warrant reversal of the refusal to depart”); accord State v. Solberg , (“We review a district court’s decision to depart from the presumptive guidelines sentence for an abuse of discretion.”).

A d i s t rict court has broad discretion in deciding whether to depart from the sentencing guidelines, d 6, 7 (Minn. 1981), and we will only reverse if there is “a clea r abuse of discretion,” review denied (Minn. Mar.