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STATE v. BAUER

Nos. C4-90-1668, C0-90-1991.

471 N.W.2d 363 (1991)

STATE of Minnesota, Respondent (C4-90-1668), Appellant (C0-90-1991), v. Justin L. BAUER, Appellant (C4-90-1668), Respondent (C0-90-1991).

Court of Appeals of Minnesota.

Review Denied July 24, 1991.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Alan L. Mitchell, St. Louis County Atty. and James B. Florey, Asst. County Atty., Virginia, for the State.

J. Carver Richards, III and Gordon C. Pineo, Virginia, for Justin L. Bauer.

Corey J. Ayling, McGrann, Shea, Franzen Carnival, Straughn & Lamb, Chtd. and Deborah M. Gilman, Minnesota Civ. Liberties Union, Minneapolis, for amicus Minnesota Civ. Liberties Union.

Considered and decided by KALITOWSKI, P.J., and SHORT and SCHULTZ, JJ.

OPINION

SHORT, Judge.

In these consolidated appeals, Justin Bauer challenges his conviction for aiding a suicide and his conviction and sentence for fetal (felony) homicide. The state challenges the downward departure on the homicide sentence. We affirm.

FACTS

Eighteen-year-old Rachelle Cazin died of a single gunshot wound to the head. Justin Bauer, then 17, was with Cazin when she died. At the time of her death, Cazin was pregnant with...

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