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STATE v. JAWORSKY

No. C6-92-2499.

505 N.W.2d 638 (1993)

STATE of Minnesota, Respondent, v. Nicholas NMN JAWORSKY, Appellant.

Court of Appeals of Minnesota.

Review Denied September 30, 1993.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Michael O. Freeman, Hennepin County Atty., and Linda M. Freyer, Asst. County Atty., Minneapolis, for respondent.

John M. Stuart, State Public Defender and Susan K. Maki, Minneapolis, for appellant.

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

OPINION

SCHUMACHER, Judge.

Appellant Nicholas NMN Jaworsky was convicted of criminal vehicular operation and driving while intoxicated. Jaworsky moved for a new trial and to have declared unconstitutional the Minnesota Sentencing Guidelines' recommended sentence for causing death while negligently operating a motor vehicle while under the influence of alcohol. Both motions were denied. We affirm.

FACTS

On the evening of September 8, 1991...

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