STATE v. HENDERSON

No. A03-1898.

706 N.W.2d 758 (2005)

STATE of Minnesota, Respondent, v. John C. HENDERSON, Appellant.

Supreme Court of Minnesota.

December 1, 2005.


Attorney(s) appearing for the Case

Cathryn Middlebrook, Asst. State Public Defender, Minneapolis, MN, for appellant.

Mike Hatch, Attorney General, St. Paul, MN, Amy Klobuchar, Hennepin County Attorney, Linda K. Jenny, Asst. County Attorney, Minneapolis, MN, for respondent.

Heard, considered, and decided by the court en banc.


OPINION

MEYER, Justice.

Appellant John C. Henderson seeks review of an unpublished court of appeals decision affirming his 144-month sentence for first-degree burglary as a career offender under Minn.Stat. § 609.1095 (2004). Henderson argues that his Sixth Amendment right to a jury trial was violated when the district court imposed a sentence that was an upward durational departure under the career offender statute, because the sentencing judge found...

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