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STATE v. McINTOSH

No. C9-00-1054.

641 N.W.2d 3 (2002)

STATE of Minnesota, Respondent, v. Charles Theo McINTOSH, Petitioner, Appellant.

Supreme Court of Minnesota.

March 21, 2002.

Attorney(s) appearing for the Case

Michael A. Hatch, Attorney General, Thomas R. Ragatz, No. 236822, Assistant Attorney General, St. Paul, MN, Raymond F. Schmitz, No. 97159, Olmsted County Attorney, Rochester, MN, Respondent's.

Michael F. Crommett, No. 19896, Assistant State Public Defender, Minneapolis, MN, Appellant's.

Heard, considered, and decided by the court en banc.

OPINION

STRINGER, Justice.

Appellant Charles Theo McIntosh was charged with and convicted of four controlled substance offenses for selling crack cocaine. On the fourth conviction, controlled substance offense in the second degree for the sale of 3 grams or more of cocaine as defined in Minn.Stat. § 152.022 (1998), the district court upwardly departed from the presumptive guideline sentence of 98 months and...

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