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A district court may depart from the sentencing guidelines but “only when substantial and compelling circumstances are present.”

The state is correct that the district court may not grant a downward durational departure based on “facts [that] were already taken into account by the legislature in 9 determining the degree of seriousness of the offense.”

as to age” is an “inappropriate bas[is] for departure where those facts were already taken into account by the legislature in determining the degree of seriousness of the offense.” -90 (Minn. 2003) (reversing an upward durational departure for first- degree criminal sexual conduct because the statute for the offense already accounted for age); see also Minn. Stat. § 609.343, subd.

“Substantial and compelling circumstances are those circumstances that make the facts of a particular case different from a typical case.” (quotations omitted).

(stating that “the defendant’s position of authority.

State, (quotation omitted).

Guidelines 2.C.1, 4.A (2018); see also Taylor v. State , (explaining that “[t]he 5 presumptive guidelines sentence is usually located in the cell of the guidelines grid where the offender’s criminal history score and offense severity level intersect”).

Circumstances justifying a departure are those “that make the facts of a particular case different from a typical case.” Taylor v. State

Cf. Taylor v. State , 6 (stating that it was improper for the district court to consider acts committed on dates different from listed on the complaint to support upward departure).

(“[I]t is the legislature that defines the conduct that constitutes a criminal offense and fixes the punishment.”); State v. Meyer , (“The legislature can, and always has, fixed and determined the punishment that shall be imposed for a violation of law and the limits o

A district court may depart from the presumptive sentence “ only when substantial and compelling circumstances are present in the record.” (emphasis added).

d 584, 587 (Minn. 2003).

If substantial and compelling circumstances exist, making the case “atypical,” the district court “may depart,” Kindem, d at 7.

If substantial and compelling circumstances exist, making the case “atypical,” Taylor v. State , 9 (Minn. 2003), the district court “may reasonably believes, that the state has sufficient evidence to obtain a conviction.” review denied (Minn. Apr.

Substantial and compelling circumstances are those that make a case atypica l. Taylor v. State

A district court may depart from the guidelines “only when substantial and compelling circumstances are present.”

A tr ial court may depart from the guidelines “only when substantial and compelling circumstances are present.”

“Substantial and compel ling circumstances are those circumstances that make the facts of a particular case different from a typical case.” (quotation omitted).

The supreme court has stated that “courts may depart from the [sentencing] guidelines only when substantial and compelling circumstances are present.” see also Minn. Sent.

Taylor v. State , , 589 (Minn. 2003).

We have s aid that these findings regarding the reason for departure must “ ‘demonstrate why the sentence selected in the departure is more appropriate, reasonable, or equitable than the presumptive sentence.’ ” (emphasis added) (quoting Minn. Sent.

A sentence within the sentencing guidelines is presumed appropriate and the district court may depart from the guidelines “only when substantial and compelling circumstances are present.” Taylor v. S tate

Guidelines 2.D.1 ; –88 (Minn. 2003).