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STATE v. LITZINGER

No. C2-86-370.

394 N.W.2d 803 (1986)

STATE of Minnesota, Respondent, v. Jeff LITZINGER, Petitioner, Appellant.

Supreme Court of Minnesota.

October 24, 1986.

Attorney(s) appearing for the Case

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

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Wayne H. Swanson, Polk Co. Atty., Crookston, for respondent.

Considered and decided by the court en banc without oral argument.

AMDAHL, Chief Justice.

We granted the petition of Jeff Litzinger to review a decision of the Court of Appeals affirming upward durational departures from three presumptive concurrent sentences obtained using the so-called Hernandez method of computing his criminal history score. The Court of Appeals recognized a new ground for an upward durational departure from a presumptive sentence — specifically, that the defendant was involved in a "major crime...

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