STATE v. HUSTON

No. C3-00-725.

616 N.W.2d 282 (2000)

STATE of Minnesota, Respondent, v. Randall Orion HUSTON, Appellant.

Court of Appeals of Minnesota.

August 22, 2000.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul; and Michael K. Riley Sr., Nicollet County Attorney, Jerold M. Lucas, Assistant County Attorney, St. Peter, for respondent.

John M. Stuart, State Public Defender, Rochelle R. Winn, Assistant State Public Defender, Minneapolis, for appellant.

Considered and decided by DAVIES, Presiding Judge, AMUNDSON, Judge, and STONEBURNER, Judge.


OPINION

DAVIES, Judge.

Appellant Randall Orion Huston challenges his sentence under the "career-offender statute." He argues that he does not have the five "prior felony convictions" required by that statute. We agree and reverse the departure.

FACTS

Appellant has a lengthy felony record for property crimes, including one 1996 conviction (theft), three 1999 convictions (motor-vehicle theft, forgery, and attempted theft), and two January...

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