State v. Van Ruler, 378 N.W.2d 77 (Minn. Ct. App. 1985). · Go Syfert
State v. Van Ruler, 378 N.W.2d 77 (Minn. Ct. App. 1985). Cases Citing This Book View Copy Cite
“n explanation is not required when the court considers reasons for departure but elects to impose the presumptive sentence.”
109 citation events (102 in the last 25 years) across 2 distinct courts.
Strongest positive: State of Minnesota v. Basil Benna Dudley (minnctapp, 2014-09-29)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) State of Minnesota v. Basil Benna Dudley
Minn. Ct. App. · 2014 · signal: see also · quote attribution · 1 verbatim quote · confidence high
n explanation is not required when the court considers reasons for departure but elects to impose the presumptive sentence.
cited Cited as authority (rule) State of Minnesota v. Lashun Miller
Minn. Ct. App. · 2026 · confidence medium
State v. Van Ruler, 378 N.W.2d 77, 80-81 (Minn. App. 1985).
discussed Cited as authority (rule) State of Minnesota v. Roger Lee Voss, III
Minn. Ct. App. · 2026 · confidence medium
And while a district court “is required to give reasons for departure, an explanation is not required when the court considers reasons for departure but elects to impose the presumptive sentence.” State v. Musse, 981 N.W.2d 216 , 220 (Minn. App. 2022), rev. denied (Minn. Dec. 28, 2022) (quoting State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985)).
discussed Cited as authority (rule) State of Minnesota v. Irineo Ricardo-Cosme
Minn. Ct. App. · 2026 · confidence medium
A “reviewing court may not interfere with the sentencing court’s exercise of discretion as long as the record shows the sentencing court carefully evaluated all the testimony and information presented before making a determination.” State v. Van Ruler, 378 N.W.2d 77, 80-81 (Minn. App. 1985).
discussed Cited as authority (rule) State of Minnesota v. Sharmark Hussein Jama (2×) also: Cited "see"
Minn. Ct. App. · 2025 · confidence medium
We will affirm the district court’s sentencing decision “as long as the record shows the sentencing court carefully evaluated all the testimony and information presented before making a determination.” State v. Van Ruler, 378 N.W.2d 77, 81 (Minn. App. 1985).
discussed Cited as authority (rule) State of Minnesota v. Tyler James Kennedy
Minn. Ct. App. · 2025 · confidence medium
Moreover, “[a]lthough the [district] court is required to give reasons for departure, an explanation is not required when the court considers reasons for departure but elects to impose the presumptive sentence.” State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985).
cited Cited as authority (rule) State of Minnesota v. Lee Daniel Kruger
Minn. Ct. App. · 2025 · confidence medium
State v. Pegel, 795 N.W.2d 251, 255 (Minn. App. 2011); State v. Van Ruler, 378 N.W.2d 77, 80-81 (Minn. App. 1985).
discussed Cited as authority (rule) State of Minnesota v. Bryant Wayne Paige
Minn. Ct. App. · 2025 · confidence medium
If the record shows that the district court carefully considered and evaluated the information presented to it, this court “may not interfere” with its imposition of a presumptive sentence, “even if there are 7 grounds that would justify departure.” State v. Van Ruler, 378 N.W.2d 77, 80-81 (Minn. App. 1985); State v. Abeyta, 336 N.W.2d 264, 265 (Minn. 1983).
cited Cited as authority (rule) State of Minnesota, Respondent, vs. Jermaine Louis Fleming, Appellant
Minn. Ct. App. · 2025 · confidence medium
State v. Johnson, 831 N.W.2d 917, 925 (Minn. App. 2013), rev. denied (Minn. Sept. 17, 2013); State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985).
cited Cited as authority (rule) State of Minnesota v. Matthew Michael Lewis
Minn. Ct. App. · 2025 · confidence medium
State v. Van Ruler, 378 N.W.2d 77, 80-81 (Minn. App. 1985).
cited Cited as authority (rule) State of Minnesota v. Roel Joseph Perez, Jr.
Minn. Ct. App. · 2024 · confidence medium
State v. Johnson, 831 N.W.2d 917, 926 (Minn. App. 2013) (citing State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985)), rev. denied (Minn. Sept. 17, 2013).
cited Cited as authority (rule) State of Minnesota v. William Arthur Kalligher
Minn. Ct. App. · 2024 · confidence medium
State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985).
cited Cited as authority (rule) State of Minnesota v. Donnie Ray Bryant
Minn. Ct. App. · 2024 · confidence medium
State v. Johnson, 831 N.W.2d 917, 925 (Minn. App. 2013), rev. denied (Minn. Sept. 17, 2013); State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985).
cited Cited as authority (rule) State of Minnesota v. Jesse James Niesen
Minn. Ct. App. · 2024 · confidence medium
State v. Van Ruler, 7 378 N.W.2d 77, 80-81 (Minn. App. 1985).
discussed Cited as authority (rule) State of Minnesota v. Furman Street
Minn. Ct. App. · 2024 · confidence medium
Likewise, although a district court must provide reasons for departing from a presumptive sentence, “an explanation is not required when the court considers reasons for departure but elects to impose the presumptive sentence.” State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985).
cited Cited as authority (rule) State of Minnesota v. Camille Lashay Dennis-Bond
Minn. Ct. App. · 2024 · confidence medium
State v. Van Ruler, 378 N.W.2d 77, 80-81 (Minn. App. 1985) (emphasis added).
cited Cited as authority (rule) State of Minnesota v. Nicholas John Reinert
Minn. Ct. App. · 2024 · confidence medium
State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985).
cited Cited as authority (rule) State of Minnesota v. Otis Redmond Ware
Minn. Ct. App. · 2024 · confidence medium
State v. Van Ruler, 378 N.W.2d 77, 80-81 (Minn. App. 1985).
cited Cited as authority (rule) State of Minnesota v. Gavin Patrick Meany
Minn. Ct. App. · 2024 · confidence medium
State v. Johnson, 831 N.W.2d 917, 925 (Minn. App. 2013), rev. denied (Minn. Sept. 17, 2013); State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985).
cited Cited as authority (rule) State of Minnesota v. Dennis John Edmondson
Minn. Ct. App. · 2024 · confidence medium
Pegel, 795 N.W.2d at 255 ; State v. Van Ruler, 378 N.W.2d 77, 80-81 (Minn. App. 1985).
cited Cited as authority (rule) State of Minnesota v. Tarik Toyshawn Smith-Whitmore
Minn. Ct. App. · 2024 · confidence medium
State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985).
discussed Cited as authority (rule) State of Minnesota v. Larry Ray House
Minn. Ct. App. · 2023 · confidence medium
Appellate courts should “not interfere with the sentencing court’s exercise of discretion, as long as the record shows the sentencing court carefully evaluated all the testimony and information presented before making a determination.” State v. Van Ruler, 378 N.W.2d 77, 80-81 (Minn. 1985).
examined Cited as authority (rule) State of Minnesota v. Luis Alejandro Esteban Esquivel (5×)
Minn. Ct. App. · 2023 · confidence medium
State v. Van Ruler, 378 N.W.2d 77, 80-81 (Minn. App. 1985) (emphasis added).
cited Cited as authority (rule) State of Minnesota v. Chris Harry McIntosh
Minn. Ct. App. · 2017 · confidence medium
State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985).
cited Cited as authority (rule) State of Minnesota v. Kim Ronnie Blatcher
Minn. Ct. App. · 2016 · confidence medium
State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985).
discussed Cited as authority (rule) State of Minnesota v. Dennis Ervin Carter
Minn. Ct. App. · 2016 · confidence medium
State v. Pegel, 795 N.W.2d 251, 254 (Minn. App. 2011) (noting that if a district court considers the reasons for departure but chooses not to depart, an explanation is not required); State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985); State v. Curtiss, 353 N.W.2d 262, 263 (Minn. App. 1984).
cited Cited as authority (rule) State of Minnesota v. Ronald Casa Roby
Minn. Ct. App. · 2016 · confidence medium
State v. Van Ruler, 378 N.W.2d 77, 80-81 (Minn. App. 1985).
cited Cited as authority (rule) State of Minnesota v. Ammanuel Ray Jones
Minn. Ct. App. · 2016 · confidence medium
State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985).
cited Cited as authority (rule) State of Minnesota v. Nathaniel Donald Beulah
Minn. Ct. App. · 2016 · confidence medium
State v. Johnson, 831 N.W.2d 917, 925 (Minn. App. 2013), review denied (Minn. Sept. 17, 2013); State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985).
cited Cited as authority (rule) State of Minnesota v. Duane Meredith Smith
Minn. Ct. App. · 2016 · confidence medium
State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985).
cited Cited as authority (rule) State of Minnesota v. Davie Eugene McCoy
Minn. Ct. App. · 2016 · confidence medium
State v. Johnson, 831 N.W.2d 917, 925 (Minn. App. 2013), review denied (Minn. Sept. 17, 2013); State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985).
cited Cited as authority (rule) State of Minnesota v. David Arthur Barnes
Minn. Ct. App. · 2016 · confidence medium
State v. Johnson, 831 N.W.2d 917 , 3 925 (Minn. App. 2013), review denied (Minn. Sept. 17, 2013); State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985).
discussed Cited as authority (rule) State of Minnesota v. Scott Anthony Hebert
Minn. Ct. App. · 2016 · confidence medium
State v. Johnson, 831 N.W.2d 917, 925 (Minn. App. 2013), review denied (Minn. Sept. 17, 2013); State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985). 3 A district court may impose a downward dispositional departure from the presumptive guidelines sentence if a defendant has a “particular amenability to individualized treatment in a probationary setting.” State v. Trog, 323 N.W.2d 28, 31 (Minn. 1982).
discussed Cited as authority (rule) State of Minnesota v. Mark Anthony Sanders
Minn. Ct. App. · 2016 · confidence medium
Minnesota law is clear that “[a]lthough the trial court is required to give reasons for departure, an explanation is not required when the court considers reasons for departure but elects to impose the presumptive sentence.” State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985) (citation omitted).
cited Cited as authority (rule) State of Minnesota v. Matthew Christopher Desjarlais
Minn. Ct. App. · 2016 · confidence medium
State v. Johnson, 831 N.W.2d 917, 925 (Minn. App. 2013), review denied (Minn. Sept. 17, 2013); State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985).
discussed Cited as authority (rule) State of Minnesota v. Timothy Andrew Swan
Minn. Ct. App. · 2016 · confidence medium
“Although the [district] court is required to give reasons for departure, an explanation is not required when the court considers reasons for departure but elects to impose the presumptive sentence.” State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985).
discussed Cited as authority (rule) State of Minnesota v. Angela Dawn Jackson, Appellant..
Minn. Ct. App. · 2016 · confidence medium
A district court is not required to explain its reasons for imposing a presumptive sentence, and we may not interfere with the district court’s exercise of discretion so long as “the record shows the sentencing court carefully evaluated all the testimony and information presented before making a determination.” State v. Van Ruler, 378 N.W.2d 77, 80-81 (Minn. 1985). “[A]ny sentence within the presumptive range for the convicted offense constitutes a presumptive sentence.” Delk, 781 N.W.2d at 428 .
discussed Cited as authority (rule) State of Minnesota v. Nathan John Reynolds
Minn. Ct. App. · 2015 · confidence medium
“Although the [district] court is required to give reasons for departure, an explanation is not required when the court considers reasons for departure but elects to impose the presumptive sentence.” State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985).
discussed Cited as authority (rule) State of Minnesota v. Elliott Patrick Ketz
Minn. Ct. App. · 2015 · confidence medium
A district court does not have to explain its reasons for imposing a presumptive sentence, and we will not interfere with the district court’s exercise of discretion when “the record shows the [district] court carefully evaluated all the testimony and information presented before making a determination.” State v. Van Ruler, 378 N.W.2d 77, 80-81 (Minn. 1985). “[I]t would be a rare case which would warrant reversal of the refusal to depart.” State v. Kindem, 313 N.W.2d 6, 7 (Minn. 1981). 16 With appellant’s seven criminal-history points and conviction of a severity level nine offense…
discussed Cited as authority (rule) State of Minnesota v. Adam Michael Lee
Minn. Ct. App. · 2015 · confidence medium
“Although the [district] court is required to give reasons for departure, an explanation is not required when the court considers reasons for departure but elects to impose the presumptive sentence.” State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985).
discussed Cited as authority (rule) State of Minnesota v. Francisco Cleofus Mountain (2×) also: Cited "see"
Minn. Ct. App. · 2015 · confidence medium
A district court does not have to explain its reasons for imposing a presumptive sentence, and we will not interfere with the district court’s exercise of discretion when “the record shows the [district] court carefully evaluated all the testimony and information presented before making a determination.” State v. Van Ruler, 378 N.W.2d 77, 80-81 (Minn. 1985). “[I]t would be a rare case which would warrant reversal of the refusal to depart.” State v. Kindem, 313 N.W.2d 6, 7 (Minn. 1981).
cited Cited as authority (rule) State of Minnesota v. Hope Marie Carlson
Minn. Ct. App. · 2015 · confidence medium
State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985).
discussed Cited as authority (rule) James Spencer, Jr. v. State of Minnesota
Minn. Ct. App. · 2015 · confidence medium
A district court is not required to explain its reasons for imposing a presumptive sentence, and this court does not interfere with the district court’s exercise of discretion so long as “the record shows the sentencing court carefully evaluated all the testimony and information presented before making a determination.” State v. Van Ruler, 378 N.W.2d 77, 80-81 (Minn. App. 1985).
discussed Cited as authority (rule) State of Minnesota v. Joseph Duane Gustafson, Jr.
Minn. Ct. App. · 2015 · confidence medium
Although the district court was not required to explain its imposition of a presumptive sentence, we may not interfere with the district court’s exercise of discretion because the record shows that it “carefully evaluated all the testimony and information presented before making a determination.” State v. Van Ruler, 378 N.W.2d 77, 80-81 (Minn. App. 1985).
discussed Cited as authority (rule) State of Minnesota v. Jay Michael Ellingson
Minn. Ct. App. · 2015 · confidence medium
A district court is not required to explain its reasons for imposing a presumptive sentence, and we may not interfere with the district court’s exercise of discretion so long as “the record shows the sentencing court carefully evaluated all the testimony and information presented before making a determination.” State v. Van Ruler, 378 N.W.2d 77, 80-81 (Minn. 1985). “[I]t would be a rare case which would warrant reversal of the refusal to depart.” State v. Kindem, 313 N.W.2d 6, 7 (Minn. 1981).
discussed Cited as authority (rule) State of Minnesota v. Albert Joe Ryans, Jr. (2×) also: Cited "see"
Minn. Ct. App. · 2014 · confidence medium
This court “may not interfere with the [district] court’s exercise of discretion, as long as the record shows the [district] court carefully evaluated all the testimony and information presented before making a determination.” State v. Van Ruler, 378 N.W.2d 77, 80-81 (Minn. App. 1985).
discussed Cited as authority (rule) State of Minnesota v. Johnathan Richard Beying
Minn. Ct. App. · 2014 · confidence medium
A district court is not required to explain its reasons for imposing a presumptive sentence, and we may not interfere with the district court’s exercise of discretion so long as “the record shows the sentencing court carefully evaluated all the testimony and information presented before making a determination.” State v. Van Ruler, 378 N.W.2d 77, 80-81 (Minn. 1985). “[I]t would be a rare case which would warrant reversal of the refusal to depart.” State v. Kindem, 313 N.W.2d 6, 7 (Minn. 1981).
discussed Cited as authority (rule) State of Minnesota v. Kanishka Shereal Molina
Minn. Ct. App. · 2014 · confidence medium
We review a district court’s sentencing decision for an abuse of discretion and will not interfere “as long as the record shows the sentencing court carefully evaluated all the testimony and information presented before making a determination.” State v. Van Ruler, 378 N.W.2d 77, 80-81 (Minn. App. 1985); see also State v. Franklin, 604 N.W.2d 79, 82 (Minn. 2000). “[I]t would be a rare case which would warrant reversal” of a presumptive sentence, State v. Kindem, 313 N.W.2d 6, 7 (Minn. 1981), and appellate courts should modify presumptive sentences only under “compelling circumstance…
discussed Cited as authority (rule) State of Minnesota v. Gary Michael Veesenmeyer-Trojanowski
Minn. Ct. App. · 2014 · confidence medium
State v. Pegel, 795 N.W.2d 251, 254 (Minn. App. 2011); State v. Van Ruler, 378 N.W.2d 77, 80 (Minn. App. 1985) (stating that the district court is not required to explain its decision to deny a departure request or its reasons for imposing the presumptive sentence, provided it considers the factors that weigh in favor of a departure).
discussed Cited as authority (rule) State v. Johnson (2×) also: Cited "see"
Minn. Ct. App. · 2013 · confidence medium
We will affirm the imposition of a presumptive guidelines sentence when “the record shows [that] the sentencing court carefully evaluated all the testimony and information presented before making a determination.” State v. Van Ruler, 378 N.W.2d 77, 81 (Minn.App.1985).
STATE of Minnesota, Respondent,
v.
Donald Duane Van RULER, Appellant
CX-85-1112.
Court of Appeals of Minnesota.
Dec 3, 1985.
378 N.W.2d 77
Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Sp. Asst. Atty. Gen., St. Paul, James E. O’Neil, Pipestone Co. Atty., Pipestone, for respondent., C. Paul Jones, Minnesota Public Defender, Steven P. Russett, Asst. Public Defender, Minneapolis, for appellant.
Popovich, Leslie, Nierengarten.
Cited by 66 opinions  |  Published

OPINION

POPOVICH, Chief Judge.

This is an appeal from appellant’s concurrent sentences for four counts of intra-familial sexual abuse in the first degree. Appellant claims (1) the trial court abused its discretion by utilizing the Hernandez method of sentencing, and (2) the trial court acted improperly by refusing to depart dispositionally from the presumptive sentence and grant appellant a stayed sentence. We affirm.

FACTS

A Pipestone County sheriff’s office investigation revealed appellant had been sexually abusing his daughter from when she was six years old until she was I2V2 to 13 years old. The sexual abuse in the first two years consisted primarily of touching and kissing and penetration with a finger, and later included intercourse. The acts occurred at least once a month, sometimes once every two weeks, during the period of time she was eight years old to when she was 12 years old, and decreased to once every two months when she was 12½ to 13 years old. The last incident of sexual abuse occurred in the spring of 1982.

Appellant was charged with nine counts of criminal sexual conduct in the first degree, nine counts of intrafamilial sexual abuse in the first degree for single offenses committed within six month intervals from 1977 to 1982, and one count of intrafamilial sexual abuse in the first degree — multiple acts.

At his arraignment on October 8, 1984, appellant pleaded guilty pursuant to a plea agreement to four counts of intrafamilial sexual abuse in the first degree under Minn.Stat. § 609.3641, subd. 1(1) (1984).[*79] The trial court ordered appellant to undergo psychological evaluation at the Southwest Mental Health Center in Luverne, Minnesota before accepting his guilty plea.

On November 26, 1984, sentencing was delayed to permit appellant to continue chemical dependency treatment at the New Life Treatment Center. On December 10, 1984, appellant was ordered to undergo further evaluation at the Minnesota Security Hospital at St. Peter to determine his suitability for the intensive sexual abuse treatment program.

At appellant’s sentencing hearing on March 13, 1985, evidence was presented regarding appellant’s amenability to treatment. The report submitted by the medical director of the Minnesota Security Hospital and the director of the Intensive Treatment Program for Sexual Aggressives (ITPSA) at the hospital indicated that appellant was not motivated to change and not amenable to treatment. The report concluded that appellant was not an appropriate candidate for probation:

The ITPSA team recommends that Mr. Van Ruler be returned to court for sentencing. He is not seen as a candidate for this program, nor can we recommend any other treatment strategies. Of primary concern is his pattern of systematic and lengthy perpetration of abuse on his daughter. It appears that sentencing would provide Mr. Van Ruler both with the consequence for his behavior and opportunities for treatment opportunities should he be motivated to pursue them.

Appellant contested these findings and presented testimony of a counselor and consulting psychologist at New Life Treatment Center. They testified appellant was remorseful about what had happened and amenable to treatment and appellant’s primary concern was the impact his conduct might have had upon his daughter. The counselor and the psychologist drew a direct connection between appellant’s chemical abuse and sexual abuse.

The ITPSA team recommended sentencing, but the New Life counselor and psychologist recommended continuing treatment. The Minnesota Security Hospital did not think appellant would be a threat to the community at large, but saw him as a risk if he got into a similar situation where there was another young female.

The trial court accepted appellant’s guilty pleas and dismissed the remaining counts. Using the Hernandez method of sentencing, appellant was sentenced to concurrent terms of 43, 54, 65, and 76 months.

Following the sentencing hearing, appellant moved for a dispositional departure. In the alternative, appellant requested the court not use the Hernandez method of sentencing. The trial court denied these motions.

ISSUES

1. Did the trial court abuse its discretion by using the Hernandez method of sentencing?

2. Did the trial court properly deny appellant’s request for a dispositional departure?

ANALYSIS

1. Appellant claims the trial court abused its discretion by using the Hernandez method of sentencing to determine presumptive sentence for appellant’s convictions of intrafamilial sexual abuse in the first degree because the offense consisted of multiple acts committed over a period of time and the sentence denied appellant fairness and equity in sentencing.

Appellant was convicted of four counts of intrafamilial sexual abuse in the first degree, a severity level VIII offense. The presumptive sentence for one count if the offender’s criminal history score is zero is 43 months. When computing an offender’s criminal history score, generally the offender is assigned one point for every felony conviction for which a felony sentence was stayed or imposed before the current sentence. Minnesota Sentencing Guidelines, Sec. II.B.l.

The Minnesota Supreme Court in State v. Hernandez, 311 N.W.2d 478 (Minn.1981),[*80] held where an offender is sentenced on the same day for multiple offenses which were not part of a single behavioral incident, a trial court may increase the defendant’s criminal history score by each felony sentence as it is stayed or imposed. Hernandez differs from this matter because the multiple convictions in Hernandez did not involve the same victim. The Hernandez court cautioned that concurrent sentencing must not be used to manipulate the guidelines to achieve a substantive result not intended by the guidelines. Id. at 481.

In State v. Eggert, 358 N.W.2d 156 (Minn.Ct.App.1984), defendant was convicted of eight counts of intrafamilial sexual abuse and criminal sexual conduct involving the same victim. We upheld the trial court’s use of the Hernandez method of sentencing. Defendant received criminal history points for convictions on the counts involving separate incidents, and he was given a concurrent prison sentence. Id. at 159.

The guidelines require the imposition of concurrent sentencing for multiple convictions of criminal sexual conduct involving the same victim. Minnesota Sentencing Guidelines, Sec. II.F. The Hernandez method may be used by the trial court, in its discretion, when a person is being sentenced on the same day for multiple separate acts, provided it is not used to achieve a substantive result not intended by the guidelines. Equity and fairness in sentencing is one of the primary purposes of the guidelines. See State v. Vazquez, 330 N.W.2d 110, 111 (Minn.1983).

The trial court did not abuse its discretion in using the Hernandez method of sentencing and appellant’s sentence was not unfair or inequitable.

2. Appellant claims the trial court improperly denied his request for a disposi-tional departure on the sole ground that imprisonment. would deter others from committing similar crimes in the future.

The Minnesota Supreme Court has stated:

[W]e do not intend entirely to close the door on appeals from refusals to depart. However, we believe that it would be a rare case which would warrant reversal of the refusal to depart. As we stated in State v. Garcia, 302 N.W.2d 643, 647 (Minn.1981), the Guidelines state that when substantial and compelling circumstances are present, the judge “may” depart. This means that the trial court has broad discretion and that we generally will not interfere with the exercise of that discretion.

State v. Kindem, 313 N.W.2d 6, 7 (Minn.1981).

The major factor to consider in downward dispositional departures is the offender’s amenability to probation. When an offender is convicted of intrafamilial sexual abuse pursuant to Minn.Stat. § 609.-3641, subd. 1(1), the trial court may stay imposition or execution of sentence if a stay is in the best interest of the complainant or family unit.

A finding an offender is particularly amenable to probation and unamena-ble to imprisonment may justify a disposi-tional departure. State v. Trog, 323 N.W.2d 28, 31 (Minn.1982). The trial court may consider the nonexclusive mitigating factors enumerated in the sentencing guidelines, focusing primarily on the degree of the defendant’s culpability. Minnesota Sentencing Guidelines, Sec. II.D.2.a. In addition, the court may focus on the defendant as an individual and try to determine whether the presumptive sentence would be best for him and for society. State v. Wright, 310 N.W.2d 461, 462 (Minn.1981). Factors considered by the trial court may include defendant’s age, prior record, remorse, cooperation, attitude in court, and the support of friends or family. State v. Trog, 323 N.W.2d at 31.

Although the trial court is required to give reasons for departure, an explanation is not required when the court considers reasons for departure but elects to impose the presumptive sentence. State v. Theisen, 363 N.W.2d 867, 869 (Minn.Ct.App.1985), pet. for rev. denied, (Minn. May 18, 1985). The reviewing court may not[*81] interfere with the sentencing court’s exercise of discretion, as long as the record shows the sentencing court carefully evaluated all the testimony and information presented before making a determination.

Here the trial court carefully evaluated all the testimony. The court considered the recommendations from the Minnesota Security Hospital and New Life and discussed the factors in determining whether appellant should receive a dispositional departure from the presumptive sentence. No abuse of discretion has been demonstrated.

DECISION

The trial court acted within its discretion in using the Hernandez method of sentencing. The Hernandez method of sentencing did not deprive appellant of a fair and equitable sentence. The trial court acted within its discretion in sentencing appellant to a presumptive executed sentence and rejecting appellant’s request for a downward dispositional departure.

Affirmed.