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STATE v. MONTGOMERY

No. A04-2050.

707 N.W.2d 392 (2005)

STATE of Minnesota, Respondent, v. Keith Edward MONTGOMERY, Appellant.

Court of Appeals of Minnesota.

December 27, 2005.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Paul J. Kiltinen, Dodge County Attorney, Mantorville, MN, for respondent.

John M. Stuart, State Public Defender, Bridget Kearns Sabo, Assistant Public Defender, Minneapolis, MN, for appellant.

Considered and decided by LANSING, Presiding Judge; GORDON SHUMAKER, Judge; and HUDSON, Judge.

OPINION

GORDON SHUMAKER, Judge.

A jury found appellant Keith Edward Montgomery guilty of first-degree and second-degree sale of a controlled substance. On appeal, he argues that the district court abused its discretion by admitting Spreigl evidence and by denying his motion for a mitigated sentencing departure. He also claims the prosecutor committed misconduct.

FACTS

According to testimony in the trial that began on April 19, 2004...

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