STATE v. MITCHELL

No. A03-110.

687 N.W.2d 393 (2004)

STATE of Minnesota, Respondent, v. Michael Wallace MITCHELL, Appellant.

Court of Appeals of Minnesota.

October 12, 2004.


Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Suzanne M. Senecal-Hill, Assistant State Public Defender, Minneapolis, MN, for Appellant.

Mike Hatch, Attorney General, St. Paul, MN; and Larry M. Collins, Waseca County Attorney, Patrick M. Moen, Assistant County Attorney, Waseca, MN, for Respondent.

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


OPINION

WRIGHT, Judge.

Appellant challenges his conviction for felony theft, arguing that the state's evidence was insufficient to support his conviction and that the district court abused its discretion in ruling that appellant's three prior burglary convictions could be used for impeachment. Appellant also argues that his Sixth Amendment right to a jury trial was violated when the district court imposed a sentence that was an upward durational departure...

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