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STATE v. BEATY

No. A04-1798.

696 N.W.2d 406 (2005)

STATE of Minnesota, Respondent, v. Anthony J. BEATY, Appellant.

Court of Appeals of Minnesota.

May 24, 2005.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, F. Richard Gallo, Jr., Assistant State Public Defender, Minneapolis, MN, for appellant.

Mike Hatch, Attorney General, St. Paul, MN; and Michael K. Riley, Nicollet County Attorney, St. Peter, MN, for respondent.

Considered and decided by WRIGHT, Presiding Judge; RANDALL, Judge; and MINGE, Judge.

OPINION

WRIGHT, Judge.

Appellant challenges the duration of his sentence first imposed at a probation-revocation hearing, arguing that the district court, by vacating the stay of imposition and imposing and executing a sentence that is an upward durational departure from the Minnesota Sentencing Guidelines, violated appellant's Sixth Amendment right to a jury trial as recognized in Blakely v. Washington, 542 U.S. 296

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