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STATE v. SCHANUS

No. C7-88-2040.

431 N.W.2d 151 (1988)

STATE of Minnesota, Respondent, v. Michael E. SCHANUS, Appellant.

Court of Appeals of Minnesota.

November 8, 1988.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Asst. Atty. Gen., St. Paul, James C. Backstrom, Dakota County Atty., Robert King, Jr., Asst. Dakota County Atty., Hastings, for respondent.

C. Paul Jones, State Public Defender, Cathryn Middlebrook, Asst. Public Defender, Minneapolis, for appellant.

Considered at Special Term and decided by WOZNIAK, C.J., and FORSBERG and SCHUMACHER, JJ., without oral argument.

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Schanus timely appealed his felony conviction. The state filed a notice of review after the time for appeal had expired, challenging a sentencing departure. Schanus moved to dismiss the notice of review and the state did not respond.

DECISION

The state may appeal from a sentence "according to the rules of criminal procedure[.]" Minn.Stat. § 244.11 (1986). Minn. R.Crim.P. 28...

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