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And an appellate court “will not ordinarily interfere with a sentence falling within the presumptive sentence range, either dispositionally or durationally, even if there are grounds that would justify departure.” .

In determining whether an offense is an “included 16 offense” under section 609.04, courts examine “the elements of the offense instead of the facts of the particular case.”

In determining whether an offense is an “included offense” under section 609.04, courts examine “the elements of the offense instead of the facts of the particular case.”

Minn. Sent’g Guidelines 2.D.3.a(7) (2020)

(stating that this court will rarely disturb a district court’s decision to impose a sentence within the presumptive guidelines range).

d 412, 417-18 (Minn. 2017)

d 660, 668 (Minn. 2006) (an appellate court “will not ordinarily interfere with a sentence falling within the presumptive sentence range, either dispositionally or durationally, even if there are grounds that would justify departure”) (quotation omitted)); (“the mere fact tha

Minn. Sent’g Guidelines 2.D.3.a(7) (2020)

1(4), we “examine[] the elements of the offense instead of the facts of the particular case.” (emphasis added).

666 (Minn. 2006) (reviewing “district court’s implicit determination that .

An offense is a lesser-included offense “if it is impossible to commit the greater offense without committing the lesser offense.”

See State v. Bertsch , (stating that the defendant ’s plea is not intelligent “when the count to which he has pled is a moving target subject to later amendment by the state ”).

See State v. Bertsch , Minn. Sent.