Cited by

d 6, 7 (Minn. 1981); see also Minn. Sent.

An appellate court cannot simply substitute its judgment for that of the district court, and, absent a clear abuse of discretion, appellate courts “generally will not interfere.” -81 (Minn. App. 1985) (“The reviewing court may not interfere with the sentencing court’s exercise of discretion, as long as the re cord shows the sentencing court carefully evaluated all the testimony and information presented before making a determin

See State v. Kindem , (“[T]he Guidelines state that when substantial and compelling circumstances are present, the judge may depart.

(noting that even when substantial and compelling circumstances exist, the district court “may” depart); State v. Olson , 765 –65 (Minn. App. 2009) ( stating that “the district court has discretion to impose a downward dispositional departure if a defendant is particularly amenab

2.D.1 (2015); see also State v. Kindem

Reversal of a district court’s refusal to depart from a presumptive sentence should occur only in a “rare case.” State v. Kindem

State v. Kindem , see Minn. Sent.

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

Guidelines 2.D.1 (2016 ); see also State v. Kindem

Guidelines 2.D.1.c (2016) (stating that a departure mu st be supported by “substantial and compelling circumstances”)

State v. Kindem , , 7 (Minn. 1981).

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

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

It is a “rare case which would warrant reversal of the refusal to depart.”

(“[T]he Guidelines state that when substantial and compelling circumstances are present, the judge ‘may’ depart.”).

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

-8 (Minn. 1981) (stating that although reasons may support departing downward, the district court is not required to depart).

(stating that it is a rare case where an appellate court will reverse a district court’ s imposition of the presumptive sentence) .

(“[T]he Guidelines state that when substantial and compelling circumstances are prese nt, the judge ‘may’ depart.”); -54 (Minn. App. 2011) (noting that a district court must consider the circumstances of a case when deciding whether to depart, but that the presenc

at 253 (d 6, 7 (Minn. 1981)).