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STATE v. VOGEL

No. C9-86-88.

385 N.W.2d 35 (1986)

STATE of Minnesota, Respondent, v. Daniel A. VOGEL, Appellant.

Court of Appeals of Minnesota.

April 8, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Roger Van Heel, Stearns Co. Atty., Patrick T. Strom, Asst. Co. Atty., St. Cloud, for respondent.

C. Paul Jones, State Public Defender, Susan K. Maki, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by WOZNIAK, P.J., LANSING and HUSPENI, JJ., with oral argument waived.

OPINION

HUSPENI, Judge.

Daniel Vogel pleaded guilty to, among other charges, a charge of possessing a controlled substance with intent to sell in violation of Minn.Stat. § 152.09, subd. 1(1) (1984). On appeal, Vogel challenges the trial court's dispositional and durational departure from the presumptively-stayed sentence of 17 months in prison. We affirm.

FACTS

On November 15, 1983, Daniel Vogel sold one-quarter pound of marijuana...

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