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STATE v. LUSSIER

No. A04-1316.

695 N.W.2d 651 (2005)

STATE of Minnesota, Respondent, v. Cheyenne Douglas LUSSIER, Appellant.

Court of Appeals of Minnesota.

May 10, 2005.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Susan J. Andrews, Assistant State Public Defender, Minneapolis, MN, for appellant.

Mike Hatch, Attorney General, St. Paul, MN; and Timothy R. Faver, Beltrami County Attorney, Bemidji, MN, for respondent.

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

OPINION

WRIGHT, Judge.

Appellant asserts that his right to due process was violated because the state intentionally delayed charging him with first-degree burglary in order to obtain a substantially increased criminal history score and sentence. We affirm.

FACTS

On March 15, 2003, hours after police received a report of a home burglary, appellant Cheyenne Lussier was arrested. On March 18, 2003, in connection with this incident, the state...

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