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STATE v. FINBRAATEN

No. C0-84-1187.

363 N.W.2d 473 (1985)

STATE of Minnesota, Respondent, v. Douglas H. FINBRAATEN, Appellant.

Court of Appeals of Minnesota.

Review Denied April 18, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., of Minn., St. Paul, Thomas L. Johnson, Hennepin County Atty., Vernon E. Bergstrom, Chief, Appellate Section, Paul R. Jennings, Asst. County Atty., Minneapolis, for respondent.

C. Paul Jones, State Public Defender, Jonathan G. Steinberg, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by POPOVICH, C.J., and PARKER and FOLEY, JJ., with oral argument waived.

OPINION

POPOVICH, Chief Judge.

This is an appeal by a criminal defendant from a three year prison term imposed by the court and executed for a conviction of theft by swindle in excess of $2,500 in violation of Minn.Stat. § 609.52, subds. 2(4), 3(1) (1982). Appellant Douglas Finbraaten contends the triple durational departure and his dispositional departure was not justified by substantial and compelling circumstances...

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