STATE v. STEINHAUS

No. C1-86-2062.

405 N.W.2d 270 (1987)

STATE of Minnesota, Respondent, v. Timothy STEINHAUS, Appellant.

Court of Appeals of Minnesota.

May 12, 1987.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Sp. Asst. Atty. Gen., St. Paul, Bob B. Ebbeson, Redwood Co. Atty., Redwood Falls, for respondent.

C. Paul Jones, Minnesota Public Defender, Mollie G. Raskind, Deputy Public Defender, Minneapolis, for appellant.

Considered and decided by CRIPPEN, P.J., and FOLEY and LESLIE, JJ., with oral argument waived.


MEMORANDUM OPINION

CRIPPEN, Judge.

Appellant disputes whether his offense involved sufficiently aggravating circumstances to justify a greater than double departure from the presumptive sentence.

FACTS

On April 23, 1986, appellant Timothy Steinhaus was home with his five week old son. In an attempt to stop the baby's crying, Steinhaus struck the infant approximately five times with his open hand. The blows were severe enough to cause the...

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