STATE v. KILGORE

No. C1-02-1490.

661 N.W.2d 654 (2003)

STATE of Minnesota, Respondent, v. Malachi KILGORE, Appellant.

Court of Appeals of Minnesota.

May 27, 2003.


Attorney(s) appearing for the Case

Hennepin County District Court, File No. 00017431.

Mike Hatch, Attorney General, St. Paul, MN, and Amy Klobuchar, Hennepin County Attorney, Michael Richardson, Assistant County Attorney, Minneapolis, MN, for respondent.

John M. Stuart, State Public Defender, Lawrence W. Pry, Assistant Public Defender, Minneapolis, MN, for appellant.

Considered and decided by WRIGHT, Presiding Judge, RANDALL, Judge, and SHUMAKER, Judge.


OPINION

RANDALL, Judge.

In this appeal from the district court's denial of postconviction relief, appellant argues that he improperly received an upward departure under the sentencing guidelines and, therefore, his sentence should be reduced. We affirm,

FACTS

Appellant shot and killed Larry Arneberg on January 19, 2000. The grand jury indicted appellant for first-degree murder. After extensive plea negotiations, appellant and the state...

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