STATE v. KUJAK

No. C2-01-855.

639 N.W.2d 878 (2002)

STATE of Minnesota, Respondent, v. Scott Thomas KUJAK, Appellant.

Court of Appeals of Minnesota.

Review denied March 25, 2002.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul; and Charles E. MacLean, Winona County Attorney, Nancy L. Bostrack, Assistant County Attorney, Winona County Courthouse, Winona, for respondent.

Lisa Lodin Peralta, Minneapolis; and Earl P. Gray, Gray & Malacko Law Offices, St. Paul, for appellant.

Considered and decided by TOUSSAINT, Chief Judge, CRIPPEN, Judge, and FOLEY, Judge.


OPINION

FOLEY, Judge.*

In this postconviction appeal from a sentencing order for drug-related racketeering, appellant argues that (1) his "typical" drug dealing activities do not justify an upward durational departure, (2) the $100,000 fine is unconstitutionally excessive, and (3) restitution to a drug task force is improper. Because the court did not abuse its discretion by imposing an upward departure, did not impose a fine...

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