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STATE v. BROOKS

No. A03-2050.

690 N.W.2d 160 (2004)

STATE of Minnesota, Respondent, v. David Lee BROOKS, Appellant.

Court of Appeals of Minnesota.

December 28, 2004.

Attorney(s) appearing for the Case

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

John M. Stuart, State Public Defender, Jodie L. Carlson, Assistant Public Defender, Minneapolis, MN, for appellant.

Considered and decided by KALITOWSKI, Presiding Judge; WRIGHT, Judge; and FORSBERG, Judge.

OPINION

KALITOWSKI, Judge.

Appellant David Brooks challenges his convictions and sentence, arguing that (1) his sentence was invalid because the district court, rather than a jury, found that appellant's criminal history score included a custody status point; (2) the prosecutor engaged in prejudicial misconduct; and (3) the evidence was insufficient to sustain his convictions.

FACTS

In May 2001...

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