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STATE v. THAO

No. C1-00-2022.

634 N.W.2d 245 (2001)

STATE of Minnesota, Respondent, v. Tze THAO, Appellant.

Court of Appeals of Minnesota.

October 16, 2001.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General and Susan Gaertner, Ramsey County Attorney, Darrell C. Hill, Assistant County Attorney, St. Paul, for respondent.

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

Considered and decided by SCHUMACHER, Presiding Judge, SHUMAKER, Judge, and LINDBERG, Judge.

OPINION

GORDON W. SHUMAKER, Judge.

A jury found appellant Tze Thao guilty of two counts of second-degree murder relating to a drive-by shooting for the benefit of a gang. The district court imposed a sentence that was an upward durational departure from the sentencing guidelines.

Arguing that the evidence was insufficient to support the verdict because of inconsistencies in the testimony; that the court had no proper basis for departing from the...

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