RULON, C.J.:
Defendant Billie J. Spicer appeals his jury convictions of aggravated battery and driving while suspended, arguing (1) the prosecutor committed misconduct during opening statements, (2) the district court erred in failing to instruct on voluntary intoxication, and (3) the imposition of an upward durational departure sentence is unconstitutional. We affirm the convictions, vacate the sentences and remand for resentencing.
On July 28, 1999, the...
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