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STATE v. GRAHAM

No. C5-87-289.

410 N.W.2d 395 (1987)

STATE of Minnesota, Respondent, v. Valdez Sid GRAHAM, Appellant.

Court of Appeals of Minnesota.

Review Denied September 30, 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, Minneapolis, for respondent.

C. Paul Jones, State Public Defender, Marie L. Wolf, Asst. Public Defender, Minneapolis, for Valdez Sid Graham.

Considered and decided by PARKER, P.J., and WOZNIAK and NIERENGARTEN, JJ., with oral argument waived.

OPINION

PARKER, Judge.

Appellant Valdez Sid Graham entered a guilty plea to a charge of first-degree burglary. He was sentenced to 72 months in prison, or double the presumptive sentence. On appeal he challenges the upward departure from the sentencing guidelines. We affirm.

FACTS1

Stephen J. Mickus is a widowed, 45-year-old English teacher who suffers from muscular dystrophy and has a pacemaker for his...

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