STATE v. PIERSON

No. C1-84-1473.

368 N.W.2d 427 (1985)

STATE of Minnesota, Respondent, v. Augusta PIERSON, Appellant.

Court of Appeals of Minnesota.

June 4, 1985.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin County Atty., Vernon E. Bergstrom, Chief, Appellate Section, J. Michael Richardson, Beverly J. Wolfe, Paul R. Jennings, Anne E. Peek, Asst. County Attys., Minneapolis, for respondent.

William R. Kennedy, Hennepin County Public Defender, David Knutson, Asst. County Public Defender, Minneapolis, for appellant.

Heard, considered and decided by RANDALL, P.J., and SEDGWICK and HUSPENI, JJ.


OPINION

RANDALL, Judge.

Appellant Augusta Pierson appeals from a durational sentencing departure of over three times the presumptive sentence for burglary in the first degree. Appellant urges that the trial judge erred by failing to disqualify himself after demonstrating apparent and actual bias in favor of an upward departure. Appellant also argues that the facts did not justify a triple departure. We affirm the upward departure, but modify it to a double...

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