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STATE v. FERGUSON

No. C1-89-486.

441 N.W.2d 508 (1989)

STATE of Minnesota, Appellant, v. Glenn Paul FERGUSON, Respondent.

Court of Appeals of Minnesota.

Review Denied July 12, 1989.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Julius E. Gernes, Winona County Atty., Winona, for appellant.

C. Paul Jones, State Public Defender, Marie L. Wolf, Asst. Public Defender, Minneapolis, for respondent.

Considered and decided by FOLEY, P.J., and FORSBERG and SCHULTZ, JJ., without oral argument.

OPINION

FORSBERG, Judge.

The state appeals a downward departure in sentencing. We reverse and remand.

FACTS

Glenn Ferguson was convicted and sentenced for two separate sales of cocaine to an undercover agent. The first sale was 27.9 grams for $1,700 on July 20, 1988; the second was 27.9 grams for $1,000 on August 24, 1988.

At the time of sentencing Ferguson's criminal history score was...

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