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STATE v. OSTRANDER

No. C6-85-1916.

383 N.W.2d 723 (1986)

STATE of Minnesota, Respondent, v. Conrad OSTRANDER, Appellant.

Court of Appeals of Minnesota.

March 18, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Alan L. Mitchell, St. Louis Co. Atty., Vernon D. Swanum, Asst. Co. Atty., Duluth, for respondent.

C. Paul Jones, Public Defender, Bradford Colbert, Asst. State Public Defender, Minneapolis, for appellant.

Considered and decided by RANDALL, P.J., and PARKER and FOLEY, JJ., with oral argument waived.

OPINION

RANDALL, Judge.

This sentencing appeal challenges the upward departure given appellant Conrad Ostrander following his conviction for theft by swindle of an 89 year old victim of $31,000. We affirm.

FACTS

Around 1981 appellant was asked by Ethel Brand to do some home repairs. Appellant had previously done some work for her several years earlier. Brand was born in 1896. Brand paid appellant whenever he requested a check. By August...

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