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STATE v. SCHMIT

No. 82-595.

329 N.W.2d 56 (1983)

STATE of Minnesota, Respondent, v. Stephen Carl SCHMIT, Jr., Appellant.

Supreme Court of Minnesota.

January 28, 1983.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Mollie G. Raskind, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, R. Scott Hill, County Atty., Faribault, for respondent.

Considered and decided by the court en banc without oral argument.

AMDAHL, Chief Justice.

This is an appeal by a criminal defendant, pursuant to Minn.Stat. § 244.11 (1982), from a durational sentencing departure.

Defendant was charged by indictment with first-degree murder in the shooting death of his wife, but a district court jury found him guilty only of first-degree heat-of-passion manslaughter. The presumptive sentence for this offense (severity level VIII) by a person with defendant's criminal history score (zero...

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