punishment when other subdivisions within Minn.Stat. § 609.66 refer specifically to crimes committed in a park. Compare id., subd. la(b)(l) (authorizing a more severe penalty for a nondrive-by reckless discharge of a firearm when committed in a park zone) with id., subd. le (outlining penalties for a felony drive-by shooting without consideration of location). B. Other bases for departure We next consider whether the other factors identified by the lower courts would justify a departure, specifically the indiscriminate firing of multiple shots into a group. Appellant argues that a departure on these facts was an abuse of discretion as they are the predicate facts upon which the presumptive sentence for a drive-by shooting is based. See State v. Brusven, 327 N.W.2d 591, 594 (Minn.1982) (<HOLDING>). The definitions of the relevant crimes are
holding district court correctly reversed a departure sentence where the trial court failed to provide written reasons for the departure holding that trial court must determine presumptive amount under guidelines before considering other factors holding circuit courts decision to depart from the presumptive sentencing recommendation and impose a prison sentence was reversible error where defendant objected on the basis that the state failed to give notice of aggravating factors that would justify a dispositional departure from the presumptive sentencing recommendation and the trial court failed to state on the record a reason for its departure holding that conduct from dismissed counts cannot be relied upon as a basis for departure holding it was unfair for the trial court to rely upon factors already considered in the presumptive sentence as a basis for a durational departure