STATE v. HAGEN

No. C0-02-1318.

690 N.W.2d 155 (2004)

STATE of Minnesota, Respondent, v. Charles Conrad HAGEN, Appellant.

Court of Appeals of Minnesota.

December 28, 2004.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN, and Susan Gaertner, Ramsey County Attorney, Darrell C. Hill, Assistant County Attorney, St. Paul, MN, for respondent.

John M. Stuart, State Public Defender, Rochelle R. Winn, Assistant Public Defender, Minneapolis, MN, for appellant.

Considered and decided by WILLIS, Presiding Judge; TOUSSAINT, Chief Judge; and SCHUMACHER, Judge.


OPINION

ROBERT H. SCHUMACHER, Judge.

The supreme court has remanded Charles Conrad Hagen's appeal from his sentence for first-degree criminal sexual conduct following this court's affirmance of the sentence after the first remand. See State v. Hagen, 679 N.W.2d 739 (Minn.App.2004), opinion vacated and remanded (Minn. July 20, 2004). We conclude the upward sentencing departure violates Hagen's right to a jury...

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