Cited by

State v. Walker , d 463, 468 (Minn. App. 2018).

State v. Walker , Minn. Sent.

(“For a downward dispositional departure, a district court may consider both offende r- and offense-related factors.”); see also, e.g., State v. Allen , (M inn.

As this court has made clear, a guilty verdict alone is not a “conviction.”

(stating a district court may consider offense-related factors in deciding whether a dispositional departure is appropriate).

d 412, 418 (Minn. 2017) (holding that a district court may issue a dispositional departure when it finds that the offense is significantly less serious than the typical case); (“For a downward dispositional departure, a district court may consider both offender - and offense-related factors.”); see also State v. Allen , (“Upward di spositional departures under the guidelines may be based on either offender - or offense -related aggrav

State v. Walker , (quotation omitted).

See State v. Walker , (“ The district court considered evidence of factors that could have supported a departure if they had been substantial or compelling , but concluded that a departure was not warran ted.” (emphasis added)).

“Substantial and compelling circumstances are those that make a case atypical.”

State v. Walker , (citing State v Chaklos , ).

d 463, 467 (Minn. App. 2018).

–69 (Minn. App. 2018) (“The district court considered evidence of factors that could have supported a departure if they had been substantial or compelling, but concluded that a departure was not warranted.

State v. Walker , ( “For a downward dispositional departure, a district court may consider both offender - and offense-related factors.”); see also, e.g. , State v. A llen, (“Upward dispositional departures under the guidelines may be based on either offender - or offense- relat

As this court has explained, “A ‘merged’ or ‘combined’ conviction or sentence is not a permissible disposition under Minnesota law.”

“A departure is not mandatory, and an appellate court will reverse a sentencing court’s refusal to depart only in a ‘rare’ case.” d 463, 468 (Minn. App. 2018) (citation omitted).

2 “Counts, convictions, or sentences cannot ‘merge’ or ‘combine,’ and the district court should avoid using such unclear language during sentencing.” d 463, 469 (Minn. App. 2018).

d 463, 467 -68 (Minn. App. 2018).

A substantial and compelling circumstance is one that makes a case “atypical.” State v. Walker

“Substantial and compelling circumstances are those that make a case atypical.”

d 463, 467-68 (Minn. App. 2018) (reversing and remanding to district court with instructions to vacate the formal adjudication of lesser -included offense, but not the finding of guilt regarding that offense).

-65 (Minn. App. 2009) (“[T]he district court has discretion to impose a downward dispositional departure if a defendant is particularly amenable to probation, but it is not required to do so.”).

See State v. Hallmark, ____ N.W.2d ____, ____, 2019 WL 2128253 , at *11 (Minn. May 15, 2019); State v. Walker

6 –68 (Minn. App. 2018).

See State v. Walker , (“F or a downward dispositional departure, a district court may consider both offender- and offense-related factors.”).

See State v. Walker , (reversing and remanding appellant’s conviction for a lesser-included charge, but “leaving the finding of guilt intact”).

664-65 (Minn. App. 2009) (“[T]he district court has discretion to impose a downward dispositional departure if a def endant is particularly amen able to probation, but is not required to do so.”).

“Substantial and compelling circumstances are those that make a case atypical.” State v. Walker

merge with the sentence on the assault two.” The district court agreed and in the warrant of c ommitment stated that the th ird-degree assault “ [s]entence con bines [sic] with count 2.” The term “combines” with regard to sentencing “do[es] not describe dispositions recognized by the law, and [it does] not clearly indicate the disposition intended by the district court.”

“Substantial and compelling circumstances are those that make a case atypical.”