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STATE v. BEARD

No. C9-97-488.

574 N.W.2d 87 (1998)

STATE of Minnesota, Respondent, v. Joanne BEARD, Appellant.

Court of Appeals of Minnesota.

Review Denied April 14, 1998.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Marie L. Wolf, Assistant State Public Defender, Minneapolis, for appellant.

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

Michael O. Freeman, Hennepin County Attorney, Gayle C. Hendley, Assistant County Attorney, Minneapolis, for respondent.

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

OPINION

HARTEN, Judge.

Appellant Joanne Beard was convicted of second-degree felony murder in the death of five-month-old Calvin Loftus, a child enrolled in the day care center she operated. See Minn.Stat. § 609.19(2) (1994). The trial court sentenced Beard to 360 months, a greater-than-double departure from the presumptive sentence of 165 months. We affirm as modified by reducing the sentence to 330 months.

FACTS

The complaint...

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