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STATE v. FAIRBANKS

No. A04-983.

688 N.W.2d 333 (2004)

STATE of Minnesota, Respondent, v. Bruce Ray FAIRBANKS, Appellant.

Court of Appeals of Minnesota.

November 2, 2004.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Robert M.A. Johnson, Anoka County Attorney, Marcy S. Crain, Assistant County Attorney, Anoka County Government Center, Anoka, MN, for respondent.

John Stuart, State Public Defender, Davi E. Axelson, Assistant Public Defender, Minneapolis, MN, for appellant.

Considered and decided by SHUMAKER, Presiding Judge; LANSING, Judge; and HARTEN, Judge.

OPINION

LANSING, Judge.

On remand following appeal, the district court reduced Bruce Fairbanks's kidnapping sentence from 480 months to 240 months, but ordered that he serve it consecutively to his 240-month assault sentence. Fairbanks appeals, contending that the combined upward durational departure and consecutive sentence is not supported by severe aggravating circumstances and that the sentence is constitutionally invalid under Blakely v. Washington...

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