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STATE OF MINNESOTA IN COURT OF APPEALS A08-1951 State of Minnesota, Respondent, vs. Jay Andrew Olson, Appellant. Filed May 26, 2009 Affirmed Connolly, Judge Lake County District Court File No. 38-CR-07-634

Lori Swanson, Attorney General, 445 Minnesota Street, Suite 1800, St. Paul, MN 55101; and Russell Conrow, Lake County Attorney, 601 Third Avenue, Two Harbors, MN 55616 (for respondent) John S. Lind, 306 West Superior Street, #920, Duluth, MN 55802 (for appellant)

Considered and decided by Peterson, Presiding Judge; Connolly, Judge; and Johnson, Judge. SYLLABUS The district court does not abuse its discretion by refusing to dispositionally depart from a presumptively executed prison sentence, even if there is evidence in the record that the defendant would be amenable to probation.

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 codefendants 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. FACTS On August 7, 2007, appellant Jay Andrew Olson and several other individuals entered the Boundary Waters Canoe Area. That evening, appellant and the other

individuals recklessly discharged firearms, harassed and threatened many campers at different campsites, and damaged and stole property. These individuals, including It is not

appellant, were subsequently arrested and charged with numerous crimes. disputed that appellant discharged a firearm.

On June 2, 2008, appellant pleaded guilty to one count of felony aiding and abetting terroristic threats, one count of felony aiding and abetting harassment with a firearm, two counts of gross misdemeanor aiding and abetting criminal damage to property, one count of misdemeanor possession of stolen property, and one count of misdemeanor reckless discharge of a firearm. Appellant moved for a downward

dispositional departure. On August 11, 2008, the district court sentenced appellant to the mandatory presumptive sentence of 36 months in prison for aiding and abetting harassment with a firearm. Minn. Stat.

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