STATE v. KIMMONS

No. C3-93-350.

502 N.W.2d 391 (1993)

STATE of Minnesota, Respondent, v. Glen Edward KIMMONS, Appellant.

Court of Appeals of Minnesota.

Review Denied August 16, 1993.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Michael O. Freeman, Hennepin County Atty., Paul R. Scoggin, Asst. County Atty., Minneapolis, for respondent.

William R. Kennedy, Hennepin County Public Defender, Peter W. Gorman, J. Craig Boone, Asst. Public Defenders, Minneapolis, for appellant.

Considered and decided by AMUNDSON, P.J., and HUSPENI and SCHULTZ, JJ.


OPINION

HUSPENI, Judge.

Appellant Glen Edward Kimmons was convicted by a jury of simple robbery in violation of Minn.Stat. § 609.24 (1990). The trial court sentenced appellant to a double upward durational departure under Minn.Stat. § 609.152, subd. 2 (1990). Appellant claims the statute is unconstitutionally vague and unconstitutional as applied to him. We affirm.

FACTS

On March 7, 1991, a sixty-three-year-old woman parked her...

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