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STATE v. ANDREN

No. C1-84-310.

347 N.W.2d 846 (1984)

STATE of Minnesota, Respondent, v. Elmer Carl ANDREN, Appellant.

Court of Appeals of Minnesota.

May 15, 1984.

Attorney(s) appearing for the Case

William G. Peterson, Bloomington, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, R. Kathleen Morris, Scott County Atty., Shakopee, for respondent.

Considered and decided by POPOVICH, C.J., and PARKER and WOZNIAK, JJ.

OPINION

POPOVICH, Chief Judge.

This is a sentencing appeal. After pleading guilty to criminal sexual conduct in the second degree, Minn.Stat. § 609.343(a) (1982), appellant received the presumptive executed sentence with an upward durational departure. Appellant claims the trial court erred in refusing to depart dispositionally and in departing durationally. We affirm the refusal to depart dispositionally but reverse and remand for resentencing in conformity...

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