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STATE v. ESLER

No. C6-95-2405.

553 N.W.2d 61 (1996)

STATE of Minnesota, Respondent, v. Matthew James ESLER, Appellant.

Court of Appeals of Minnesota.

Review Denied October 15, 1996.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Attorney General, St. Paul, for respondent.

Robert M.A. Johnson, Anoka County Attorney, Marcy S. Crain, Assistant County Attorney, Anoka County Government Center, Anoka, for respondent.

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

Considered and decided by PARKER, P.J., and SHORT and FOLEY, JJ.

OPINION

PARKER, Judge.

Appellant Matthew James Esler, a 14-year-old, was indicted by a grand jury for one count of first-degree murder, Minn.Stat. § 609.185(1) (1994). A jury found Esler not guilty of the first-degree murder charge, but found him guilty of the lesser included offense of second-degree murder in violation of Minn.Stat. § 609.19(1) (1994). The state moved for an upward durational departure...

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