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STATE v. NESLER

No. C9-85-1327.

376 N.W.2d 745 (1985)

STATE of Minnesota, Respondent, v. Kenneth L. NESLER, Appellant.

Court of Appeals of Minnesota.

Review Denied January 17, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Julius E. Gernes, Winona Co. Atty., Terrence E. Bishop, Asst. Co. Atty., Winona, for respondent.

C. Paul Jones, State Public Defender, Susan K. Maki, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by POPOVICH, C.J., and LESLIE and NIERENGARTEN, JJ., with oral argument waived.

OPINION

LESLIE, Judge.

In this sentencing appeal the defendant challenges both the dispositional and durational departure of sentence following his conviction of assault in the third degree, Minn.Stat. § 609.223 (1984). We find the court justified in departing, and we affirm.

FACTS

Appellant met Karen Ashelin in a Winona bar on November 13, 1984. Appellant had previously lived with Ashelin, but their relationship was a stormy one,...

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