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STATE v. OLSON

No. A08-1951.

765 N.W.2d 662 (2009)

STATE of Minnesota, Respondent, v. Jay Andrew OLSON, Appellant.

Court of Appeals of Minnesota.

May 26, 2009.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN and Russell Conrow, Lake County Attorney, Two Harbors, MN, for respondent.

John S. Lind, Duluth, MN, for appellant.

Considered and decided by PETERSON, Presiding Judge; CONNOLLY, Judge; and JOHNSON, Judge.

OPINION

CONNOLLY, Judge.

Appellant argues that the district court abused its discretion by refusing to grant him a downward dispositional departure from the presumptive sentence when his co-defendants received lighter sentences and there was evidence in the record that he was amenable to probation. Because the district court did not abuse its discretion by sentencing appellant to the presumptive sentence, we affirm.

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