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STATE v. GAINES

No. CX-87-160.

408 N.W.2d 914 (1987)

STATE of Minnesota, Respondent, v. John Darren GAINES, Appellant.

Court of Appeals of Minnesota.

Review Denied September 18, 1987.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Thomas L. Johnson, Hennepin Co. Atty., Vernon E. Bergstrom, Chief, Appellate Section, Anne E. Peek, Asst. Co. Atty., Minneapolis, for respondent.

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

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

OPINION

LANSING, Judge.

Appellant John Gaines pleaded guilty to three counts of aggravated robbery and three counts of criminal sexual conduct in the first degree. The court sentenced Gaines to 200 months in prison, an upward departure from the presumptive sentence under the guidelines. Gaines appeals the departure as an abuse of discretion. We affirm.

FACTS

The offenses to which John Gaines pleaded guilty involved the robbery of the Family...

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