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STATE v. CONGER

No. A03-1771.

687 N.W.2d 639 (2004)

STATE of Minnesota, Respondent, v. Kenneth Conrad CONGER, Jr., Appellant.

Court of Appeals of Minnesota.

October 12, 2004.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, Tibor M. Gallo, Assistant Attorney General, St. Paul, MN; and Earl E. Maus, Cass County Attorney, Courthouse, Walker, MN, for respondent.

Melissa V. Sheridan, Assistant State Public Defender, Eagan, MN, for appellant.

Considered and decided by PETERSON, Presiding Judge; ANDERSON, Judge; and PARKER, Judge.

OPINION

PETERSON, Judge.

Appellant Kenneth Conrad Conger, Jr. pleaded guilty to one count of aiding and abetting second-degree intentional murder and two counts of aiding and abetting second-degree unintentional murder. The district court sentenced appellant on the intentional-murder count to a 420-month prison term, which is a 114-month upward durational departure from the presumptive sentence of 306 months. Appellant challenged

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