(dissenting).
I respectfully dissent because there are not, in this case, the “substantial and compelling circumstances” which we have held necessary to justify a trial court’s departure from the presumptive sentence and which the Sentencing Guidelines require for that purpose. State v. Garcia, 302 N.W.2d 643, 647 (Minn.1981). The trial court here specifically found that Myer’s offense of possession of stolen property was not a major economic offense, a factor which, if found, may be used for departure. Minnesota Sentencing Guidelines, II.D. 2.(b)(4). There are no other factors which make the offense any more serious than the typical offense of possession of stolen property. Nor was the value of the stolen property a loss to its owners as the stolen property was all recovered and returned to the owners.
The use of the monetary value of the loss of property to justify an upward departure has been upheld in arson cases, State v. Broten, 343 N.W.2d 38 (Minn.1984), State v. Hagen, 361 N.W.2d 407 (Minn.Ct.App.1985), but its use is not appropriate in this possession of stolen property case. The drafters of the Guidelines and of Minn.Stat. 609.53 have already taken into account the differing amounts of money involved in determining the relevant penalties and severity levels of such offenses and in setting the presumptive sentences. The serious*739ness of Myer’s crime and his criminal history are reflected in the fact that with a severity level VI crime and a criminal history score of 6 or more, his presumptive sentence is the highest on the Sentencing Guidelines Grid for a property-type offense. To further use the monetary value of the stolen property as an aggravating factor to support an upward departure is neither appropriate nor fair. I would affirm the decision of the court of appeals reducing the sentence to the presumptive term of 73 months.