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STATE v. ROURKE

No. A03-1254.

681 N.W.2d 35 (2004)

STATE of Minnesota, Respondent, v. Chad Allen ROURKE, Appellant.

Court of Appeals of Minnesota.

June 15, 2004.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN and Charles C. Glasrud, Stevens County Attorney, Morris, MN, for respondent.

John M. Stuart, State Public Defender, Marie Wolf, Assistant Public Defender, Minneapolis, MN, for appellant.

Considered and decided by LANSING, Presiding Judge; WILLIS, Judge; and HUDSON, Judge.

OPINION

HUDSON, Judge.

Appellant challenges the district court's decision to depart upwardly from the 98-month presumptive guidelines sentence to a sentence of 128 months for his first-degree assault conviction. Because we conclude that there were substantial and compelling circumstances to justify the upward durational departure, we affirm.

FACTS

On January 28, 2003, Erica Boettcher picked up her boyfriend, appellant Chad Rourke, in her...

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