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STATE v. LOMAX

No. C8-88-636.

437 N.W.2d 409 (1989)

STATE of Minnesota, Respondent, v. Jocephus LOMAX, Appellant.

Supreme Court of Minnesota.

March 17, 1989.

Attorney(s) appearing for the Case

Cathryn Young Middlebrook, Asst. State Public Defender, Minneapolis, for appellant.

James B. Early, Sp. Asst. Atty. Gen., St. Paul, for respondent.

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

POPOVICH, Chief Justice.

We granted the defendant's petition for review in this case for the limited purpose of considering the propriety of a sentencing departure of greater than two times the presumptive sentence duration.1 Defendant stands convicted of burglary in the first degree, Minn.Stat. § 609.582, subd. 1(b) (1986) (burglary while possessing dangerous weapon), and assault in the second degree, section 609.222 (assault with...

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