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“A dispositional departure places the offender in a different setting than that called for by the presumptive guidelines sentence,” —in most cases, probation instead of prison.

“Consequently, departures from the guidelines are discouraged and are intended to apply to a small number of cases.”

“Consequently, departures from the guidelines are discouraged and are intended to apply to a small number of cases.”

“Consequently, departures from the guidelines are discouraged and are intended to apply to a small number of cases.”

“A durational departure must be based on 6 factors that reflect the seriousness of the offense, not the characteristics of the offender.” (emphasis omitted).

A district court abuses its discretion when its reasons for departure are legally impermissible and insufficient evidence in the record justifies the departure.” (citation omitted).

6 reflect the seriousness of the offense, not the characteristics of the offender.” (emphasis omitted).

“Consequently, departures from the guidelines are discouraged and are intended to apply to a small number of cases.”

While d ispositional departures may be based on offender -related factors, durational departures must be based on “the nature of the offense, not the individual characteristics of the offender.”

“Consequently, departures from the guidelines are discouraged and are intended to apply to a small number of cases.”

A defendant’s “use of his overwhelming physical size and strength to cause the victim to submit to penetration against her will fits squarely within the statute’s prohibition of sexual assault by coercion.”

Consideration of a dispositional departure typically focuses on the offender’s characteristics to evaluate whether the offender is 4 “particularly suitable for individualized treatment in a probationary setting.” (quotation omitted) .

(affirming the district court’s determination that the defendant’s demonstrated remorse did not make his conduct significantly less serious than the typical conduct).

“A durational departure must be based on factors that reflect the seriousness of the offense, not the characteristics of the offender.” State v. Solberg , (emphasis omitted) .

A district court abuses its discretion when its reasons for departure are legally impermissible and insufficient evidence in the record justifies the departure.” (citations omitted).

Guidelines 2.D.1 (Supp. 2018)

State v. Solberg , (quotation omitted).

Ortiz “denied any hist ory of sexual abuse” during the evaluation and Dr. Aiken 1 “A defendant may enter a Norgaard plea when he or she is unable to remember the specific facts of the offense because of intoxication or amnesia but is persuaded that he or she is likely to be convicted of the crime charged.” n.1 (Minn. 2016) (-17 (Minn. 1994); State ex rel.

Solberg, ( quotation omitted).

We “review a district court’s decision to depart from the presumptive guidelines sentence for an abuse of discretion.”

A dispositional departure “places the offend er in a different setting than that called for by the presumptive guidelines sentence.”

“Consequently, departures from the guidelines are discouraged and are intended to apply to a small number of cases.” State v. Solberg

State v. Solberg , (quoting Minn. Sent.

In a challenge to the district court’s de cision to impose an upward sentencing departure, “[w]e review a district court’ s decision to depart from the presumptive guidelines sentence for an abuse of discretion.” State v. Solberg

State v. Solberg , (quoting Minn. Sent.

“The Minnesota Sentencing Guidelines establish presumptive sentences for felony offenses.” State v. Solberg , (citing Minn. Stat. § 224.09, subd.

“A durational departure must be based on factors that reflect the seriousness of the offense, not the characteristics of the offender.”

Id.; accord State v. Solberg , (quotation omitted).

“A dispositional departure typically focuses on characteristics of the defendant that show whether the defendant is particularly suitable for individualized treatment in a probationary setting.” (quotation omitted).

“[A] durational departure is a sentence that departs in length from the pres umptive guidelines range.” d 618, 623 (Minn. 2016).

Departures from the guidelines “are discouraged and are intended to apply to a small number of cases.”

“A dispositional departure typically focuses on characteristics of the defendant that show whether the defendant is particularly suitable for individualized treatment in a probationary setting.” (quotation omitted).

State v. Solberg , 3 (Minn. 2016) (quotation omitted).