STATE v. MENDOZA

Nos. C5-01-994, C9-01-996.

638 N.W.2d 480 (2002)

STATE of Minnesota, Respondent, v. Josefina Sanchez MENDOZA, Appellant, Veronica Soto Alvarez, Appellant.

Court of Appeals of Minnesota.

January 31, 2002.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, Robert A. Stanich, Assistant Attorney General, St. Paul, MN; and Raymond F. Schmitz, Olmsted County Attorney, Government Center, Rochester, MN, for respondent.

John M. Stuart, State Public Defender, Sharon E. Jacks, Assistant Public Defender, Minneapolis, MN, for appellants.

Considered and decided by WILLIS, Presiding Judge, CRIPPEN, Judge, and ANDERSON, Judge.


OPINION

WILLIS, Judge.

In consolidated appeals, appellants challenge their sentences for convictions of conspiracy to commit controlled-substance crime in the first degree. They argue that the district court's refusal to grant mitigated dispositional departures was improperly based on their alienage and national origin. We conclude that the district court did not sentence appellants on the basis of their national origin. But because the district court erred...

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