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STATE v. CHAKLOS

No. C0-93-2542.

528 N.W.2d 225 (1995)

STATE of Minnesota, petitioner, Appellant, v. Mark Richard CHAKLOS, Respondent.

Supreme Court of Minnesota.

February 10, 1995.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and James Terwedo, Scott County Atty., Thomas J. Harbinson, First Asst. County Atty., Susan K. McNellis, Asst. County Atty., Shakopee, for appellant.

John M. Stuart, State Public Defender, Lawrence Hammerling, Deputy State Public Defender, Minneapolis, and Stephen W. Walburg, Jaspers, Moriarity & Walburg, Shakopee, for respondent.

Considered and decided by the court en banc without oral argument.

OPINION

KEITH, Chief Justice.

This is a sentencing appeal. Defendant, Mark Richard Chaklos, while having a blood alcohol concentration of .10 or more, drove his car into the rear of another car on a state highway, injuring the driver, Monica Dahl, and killing the passenger, Rhonda Lee Holker, a 32-year-old woman who was the mother of a 9-year-old girl. A jury found the defendant guilty of criminal vehicular homicide and criminal vehicular operation resulting...

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