OPINION
DIETZEN, Judge.
In this third-degree assault case, appellant challenges a victim's out-of-court statements admitted by the district court, the validity of the district court's jury instructions, and the imposition of a double upward departure from the presumptive guidelines sentence. We conclude that the out-of-court statements were admissible as non-hearsay or, in the alternative, as exceptions to the hearsay rule. We also conclude that the district...
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