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STATE v. LARSON

No. C5-91-507.

473 N.W.2d 907 (1991)

STATE of Minnesota, Appellant, v. Christopher Kaumana LARSON, Respondent.

Court of Appeals of Minnesota.

August 6, 1991.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Richard M. Arney, Washington County Atty., Stillwater, for appellant.

William A. Blonigan, Korba & Blonigan, P.A., St. Anthony, for respondent.

Considered and decided by RANDALL, P.J., and HUSPENI, and SCHUMACHER, JJ.

OPINION

HUSPENI, Judge

Appellant State of Minnesota alleges the trial court erred in sentencing respondent when it granted him a downward dispositional departure. We affirm.

FACTS

On July 22, 1990, respondent Christopher Kaumana Larson, age 23, spent the day drinking and tubing down the Apple River with his friends. Late in the day, Mike Willey picked a fight with respondent by spitting on him and punching him in the face. Both men were...

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