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STATE v. MAURSTAD

No. A04-1000.

706 N.W.2d 545 (2005)

STATE of Minnesota, Respondent, v. Daniel Leslie MAURSTAD, Appellant.

Court of Appeals of Minnesota.

December 13, 2005.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Greg Widseth, Polk County Attorney, Scott A. Buhler, Assistant County Attorney, Crookston, MN, for respondent.

Bradford Colbert, Legal Assistance to Minnesota Prisoners, St. Paul, MN, for appellant.

Considered and decided by MINGE, Presiding Judge; KALITOWSKI, Judge; and SHUMAKER, Judge.

OPINION

KALITOWSKI, Judge.

Appellant challenges his sentence and an order denying postconviction relief from his sentence, arguing that (1) he did not waive his sentencing challenge by failing to raise it at trial; (2) his criminal history score should not have included a custody status point; and (3) he was entitled to a jury determination of his criminal history score.

FACTS

On February 6, 1996, appellant Daniel Leslie Maurstad pleaded...

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