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STATE v. SAUE

No. A03-1182.

688 N.W.2d 337 (2004)

STATE of Minnesota, Respondent, v. Ross Adam SAUE, Appellant.

Court of Appeals of Minnesota.

November 2, 2004.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, Tracy L. Perzel, Assistant Attorney General, St. Paul, MN; and Dwayne Knutsen, Chippewa County Attorney, Montevideo, MN, for respondent.

John M. Stuart, State Public Defender, John E. Mack, Special Assistant Public Defender, Mack & Daby P.A., New London, MN, for appellant.

Considered and decided by WRIGHT, Presiding Judge; RANDALL, Judge; and KALITOWSKI, Judge.

OPINION

KALITOWSKI, Judge.

Following a jury trial in which he was convicted of third-degree assault, appellant Ross Adam Saue argues that the upward dispositional and durational sentencing departures were based on judicial findings and therefore violate his Sixth Amendment right to a jury trial under Blakely v. Washington, 124 S.Ct. 2531 (2004).

FACTS

On the night of August 29, 2002, Jeffrey...

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