STATE v. SIMMONS

No. C2-02-25.

646 N.W.2d 564 (2002)

STATE of Minnesota, Respondent, v. Randal David SIMMONS, Appellant.

Court of Appeals of Minnesota.

July 9, 2002.


Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Jodie L. Carlson, Assistant Public Defender, Minneapolis, for appellant.

Mike Hatch, Attorney General, St. Paul, MN, and Doug Johnson, Washington County Attorney, Eric C. Thole, Assistant County Attorney, Stillwater, for respondent.

Considered and decided by RANDALL, Presiding Judge, STONEBURNER, Judge, and HUSPENI, Judge.


OPINION

RANDALL, Judge.

After a guilty plea, appellant was found guilty of theft by swindle in violation of Minn.Stat. §§ 609.52. subd. 2(4), 609.52 subd. 3(1), 609.05 (2000) and was sentenced to 171 months in prison. Appellant appeals his conviction arguing (1) the district court abused its discretion when it imposed a triple upward departure without stating reasons for the departure, and (2) the district court engaged in judicial misconduct when...

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