State of Minnesota v. Kevin Kris Christensen, a231766

Kevin Kris Christensen was charged with criminal vehicular homicide and related offenses after running a red light while under the influence, resulting in one death and two injuries.
Christensen entered a Norgaard plea, admitting to being under the influence of methadone (prescribed) and benzodiazepine (not prescribed) at the time, but claimed not to recall the accident.
He had a prior conviction for driving while impaired within the ten years preceding this incident.
At sentencing, Christensen moved for a downward dispositional (probation) and durational departure (shorter sentence), citing remorse, commitment to treatment, and community support.
The district court denied both departure motions and imposed the minimum presumptive guideline sentence of 61.5 months, after reviewing extensive submissions from both sides.
Christensen appealed, arguing the district court abused its discretion in denying the departures.

Issue	Christensen's Argument	State's Argument	Held
Downward dispositional departure (probation)	Particularly amenable to probation; Trog factors support leniency	History of relapse, repeated impaired driving, longstanding problem	No abuse of discretion in denial
Downward durational departure (shorter sentence)	Conduct less serious than typical, accidental, unaware of risks	Conduct killed one, injured two, repeated risky behavior	No abuse of discretion in denial

State v. Soto, 855 N.W.2d 303 (Minn. 2014) (guideline sentences presumed appropriate; departure allowed only for substantial and compelling reasons)
State v. Pegel, 795 N.W.2d 251 (Minn. App. 2011) (district court is not required to depart for mitigating factors)
State v. Kindem, 313 N.W.2d 6 (Minn. 1981) (rare for appellate court to reverse denial of departure)
State v. Trog, 323 N.W.2d 28 (Minn. 1982) (lists factors for amenability to probation)