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STATE v. SOUTHARD

Nos. CX-84-726, C4-84-768.

360 N.W.2d 376 (1985)

STATE of Minnesota, Respondent, v. Mark Ward SOUTHARD, Appellant. STATE of Minnesota, Respondent, v. Gary Nathanial STURDIVANT, Appellant.

Court of Appeals of Minnesota.

January 8, 1985.

Attorney(s) appearing for the Case

Hubert Humphrey, III, State Atty. Gen., Thomas L. Johnson, Hennepin County Atty., J. Michael Richardson, Asst. County Atty., Minneapolis, for respondent.

William R. Kennedy, Hennepin County Public Defender, Stephen D. Peterson, Asst. County Public Defender, Minneapolis, for appellant Southard.

Jerrold M. Hartke, Hartke & Monpetit, South St. Paul, for appellant Sturdivant.

Heard, considered and decided by NIERENGARTEN, P.J., and FOLEY and CRIPPEN, JJ.

OPINION

FOLEY, Judge.

Defendants Gary Sturdivant and Mark Southard appeal their convictions for aggravated robbery, second degree assault, and first degree criminal sexual conduct. They also appeal the trial court's upward departure from the sentencing guidelines. We affirm.

FACTS

In August 1983, a 20-year-old woman living alone with her three-month-old daughter was raped and robbed in her apartment. On the afternoon of the assault the...

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