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STATE v. FIELDS

No. C8-87-1100.

423 N.W.2d 390 (1988)

STATE of Minnesota, Respondent, v. O'Darius Marcus FIELDS, Petitioner, Appellant.

Supreme Court of Minnesota.

May 13, 1988.

Attorney(s) appearing for the Case

C. Paul Jones, State Public Defender, Melissa Sheridan, Minneapolis, for petitioner, appellant.

Tom Foley, County Atty., Steven C. DeCoster, Asst. Co. Atty., Hubert H. Humphrey, III, Atty. Gen., St. Paul, for respondent.

Considered and decided by the court en banc without oral argument.

AMDAHL, Chief Justice.

In State v. Fields, 416 N.W.2d 734 (Minn. 1987), we remanded this case to the Court of Appeals, holding that the Court of Appeals erred in refusing to decide whether, as defendant contended, the trial court erred in departing durationally from the presumptive sentence for the offense of uttering a forged instrument. On remand, the Court of Appeals upheld the departure on the ground that the offense...

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