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does not rule out amenability to probation

“A defendant’s amenability to probation may by itself support a downward dispositional departure.” –32 (Minn. App. 2003).

2 (Minn. App. 2003) (observing that admitting 11 guilt is a “critical factor in an offender’s amenability to treatment”); rev. denied (Minn. Oct.

“A defendant’s amenability to probation may by itself support a downward dispositional departure.” -32 (Minn. App. 2003).

“[A]menability to probation depends on an offender’s ability to comply with the conditions of probation and benefit from the opportunity for rehabilitation that 4 probation affords.” State v. Hickman

“[A]menability to probation depends on an offender’s ability to comply with the conditions of probation and benefit from the opportunity for rehabilitation that probation affords.”

(“[A] single mitigating factor may support a downward sentencing departure.”); (affirming dispositional departure despite defendant’s lack of remorse).

While the acceptance of responsibility and expression of remorse are factors that can support a dispositional departure, the district court acted within its discretion by discrediting this evidence.

In his brief to this court, Engen argues that the district court abused its discretion when it denied his motion because he is “particularly amenable to treatment and probation.” Engen argues that he is particularly amenable to probation because he “admitted guilt and took responsibility,” which is “a critical factor in an offender’s amenability,”

A defendant’s “amenability to probation depends on [the defendant]’s ability to comply with the conditions of probation and benefit from the opportunity for rehabilitation that probation affords.”

In assessing whether a defendant is particularly amenable to probation, a district court may consider the Trog factors: “the defendant’s age, his prior record, his remorse, his cooperation, his attitude while in court, and the support of friends and/or family.” see also State v. Hickman , (applying the Trog factors to particular amenability to probation).

(noting that, when an offender is able to comply with probation conditions, probation affords offenders the benefit of rehabilitation).

“[A]menability to probation depends on an offender’s ability to comply with the conditions of probation and benefit from the opportunity for rehabilitation that probati on affords.”

“[A]menability to probation depends on an offender’s ability to comply with the conditions of probation and benefit from the opportunity for rehabilitation that probation affords.”

(holding that a party is not entitled to appellate review of an advisory opinion of the district court).