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STATE v. BEHL

No. C0-97-1903.

573 N.W.2d 711 (1998)

STATE of Minnesota, Respondent, v. Donn Harvey BEHL, II, Appellant

Court of Appeals of Minnesota.

Review Denied March 19, 1998.

Attorney(s) appearing for the Case

Thomas E. Gorman, Patrick J. Arendt, Gorman & Gorman, Ltd., Red Wing, for appellant.

Hubert H. Humphrey III, Attorney General, Stephen N. Betcher, Goodhue County Attorney, Stephen F. O'Keefe, Assistant County Attorney, for respondent.

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

OPINION

KLAPHAKE, Judge.

Appellant Donn Harvey Behl II was convicted of second-degree manslaughter under Minn.Stat. § 609.205(1) (1994). He argues that the trial court erred in refusing to hear mitigating evidence at his resentencing hearing and in sentencing him to an upward durational departure. We affirm.

FACTS

The facts of this case are set forth in Behl's previous appeals, State...

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