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STATE v. VOLK

No. C8-87-951.

421 N.W.2d 360 (1988)

STATE of Minnesota, Respondent, v. Jerry C. VOLK, Appellant.

Court of Appeals of Minnesota.

Review Denied May 18, 1988.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Co. Atty., Vernon E. Bergstrom, Chief, Appellate Section, Lisa A. Berg, Asst. Co. Atty., Minneapolis, for respondent.

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

Heard, considered and decided by NIERENGARTEN, P.J., and SEDGWICK and FORSBERG, JJ.

OPINION

FORSBERG, Judge.

Appellant Jerry C. Volk was convicted of second degree murder. He appeals from the denial of his motion for a new trial and from an upward departure from the Minnesota Sentencing Guidelines. We affirm.

FACTS

Volk and a companion, John Hamilton, hitched a ride from Montana to Minnesota. They arrived in Minneapolis early in June 1984. They had little money, and no particular place to go.

Hamilton testified...

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