STATE v. PETSCHL

No. A03-1803.

688 N.W.2d 866 (2004)

STATE of Minnesota, Respondent, v. Shane Michael PETSCHL, Appellant.

Court of Appeals of Minnesota.

November 23, 2004.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN and Donald F. Ryan, Crow Wing County Attorney, John Sausen, Assistant County Attorney, Brainerd, MN, for respondent.

Rachael Goldberger, Strauss & Goldberger, Minneapolis, MN, for appellant.

Considered and decided by KLAPHAKE, Presiding Judge; PETERSON, Judge; and HUDSON, Judge.


OPINION

HUDSON, Judge.

Appellant argues that (1) his counsel was ineffective for not clearly explaining to appellant that the district court could impose an upward departure regardless of the state's agreement not to seek an upward departure; (2) the district court erred in sentencing appellant without considering the results from a court-ordered neuropsychological examination; (3) the district court abused its discretion in granting a double upward departure...

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