STATE v. HANF

No. A04-1058.

687 N.W.2d 659 (2004)

STATE of Minnesota, Respondent, v. Arthur Thomas HANF, Appellant.

Court of Appeals of Minnesota.

October 19, 2004.


Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Susan Andrews, Assistant State Public Defender, Minneapolis, MN, for appellant.

Mike Hatch, Attorney General, James B. Early, Assistant Attorney General, St. Paul, MN, and Raymond F. Schmitz, Olmsted County Attorney, Rochester, MN, for respondent.

Considered and decided by TOUSSAINT, Chief Judge; LANSING, Judge; and SHUMAKER, Judge.


OPINION

TOUSSAINT, Chief Judge.

This appeal is from a sentence for felony test refusal. Appellant argues that the upward dispositional departure, which was based on judicial findings, violates his Sixth Amendment right to a jury trial under Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). We affirm.

FACTS

Appellant Arthur Hanf pleaded guilty to felony refusal to submit to chemical testing. Because Hanf...

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