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STATE v. KISCH

No. C5-84-1377.

355 N.W.2d 503 (1984)

STATE of Minnesota, Respondent, v. John Ernest KISCH, Appellant.

Court of Appeals of Minnesota.

October 9, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., State of Minn., Thomas Foley, Ramsey County Atty., Steven C. DeCoster, Asst. County Atty., St. Paul, for respondent.

C. Paul Jones, Minn. State Public Defender, Minneapolis, for appellant.

Considered and decided by POPOVICH, C.J., and SEDGWICK and LANSING, JJ., with oral argument waived.

OPINION

LANSING, Judge.

This is a sentencing appeal. John Ernest Kisch pleaded guilty to second degree felony murder for the beating death of a 12-year-old boy. He was sentenced to prison for 150 months, a departure from the presumptive sentence of 116 months. The Minnesota Supreme Court affirmed the upward departure of his sentence in State v. Kisch, 346 N.W.2d 130 (Minn.1984), because of the vulnerability of the...

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