Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. Appellant challenges the district court's refusal to depart dispositionally or durationally from the presumptive 48-month sentence for her conviction of aggravated robbery in the first degree. The employee complied and Gilbert ordered her to lie on the floor, threatening to shoot her if she got up. Appellant Katherine Neubarth planned the robbery with Gilbert, drove him to the store, entered the store before Gilbert to see if anyone was inside, and waited in the car for him during the robbery.
District courts have broad discretion in deciding whether to depart.
Id. Neubarth argues that the district court should not have imposed the presumptive sentence because substantial and compelling circumstances for departure were present. Neubarth asserts that because she was raped two months before the robbery and was under treatment for depression, she lacked substantial capacity for judgment. Neubarth argues that her lack of a prior criminal record, her youth, her remorse for her actions, and the support of her family and pastor are adequate grounds for a dispositional departure. In Curtiss, this court concluded there were circumstances for departure that the trial court failed to consider and remanded for consideration of those circumstances. Here, there is no indication in the record that the district court failed to consider facts favorable to departure.