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STATE v. PEAKE

No. C5-84-1282.

366 N.W.2d 299 (1985)

STATE of Minnesota, Respondent, v. Albert James PEAKE, Appellant.

Supreme Court of Minnesota.

April 26, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Alan D. Mitchell, St. Louis Co. Atty., Mark S. Rubin, Asst. Co. Atty., Duluth, for appellant.

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

Heard, considered and decided by the court en banc.

YETKA, Justice.

Albert James Peake pled guilty to murder in the second degree. Peake's criminal history score was two; the severity level of the offense was X. His presumptive sentence under the Minnesota Sentencing Guidelines was 153 to 171 months. The prosecution moved for an aggravation of the presumptive sentence to 240 months. The St. Louis County District Court partially granted the request by sentencing Peake to 180 months in prison. Peake appealed to the court...

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