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  5. 694 N.W.2d 98 (2005)
 

STATE v. LOSH

No. A04-1028.

694 N.W.2d 98 (2005)

STATE of Minnesota, Respondent, v. Stephanie Dawn LOSH, Appellant.

Court of Appeals of Minnesota.

April 5, 2005.

Attorney(s) appearing for the Case

Earl E. Maus, Cass County Attorney, Walker, MN; and Mike Hatch, Attorney General, Thomas R. Ragatz, Assistant Attorney General, St. Paul, MN, for respondent.

Bradford W. Colbert, L.A.M.P., Kristin Hubred (certified student attorney), St. Paul, MN, for appellant.

Considered and decided by TOUSSAINT, Chief Judge; GORDON SHUMAKER, Judge; and DIETZEN, Judge.

OPINION

TOUSSAINT, Chief Judge.

Appellant challenges (1) the validity of the upward durational departure of her sentence under Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) and (2) the revocation of her probation and execution of her sentence. Because we hold that Blakely does not apply retroactively to a pending probation-revocation appeal after the time to file a direct appeal from the final judgment has expired...

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