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STATE v. BOEHL

No. A04-583.

697 N.W.2d 215 (2005)

STATE of Minnesota, Respondent, v. Charles Edward BOEHL, Appellant.

Court of Appeals of Minnesota.

June 7, 2005.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, Minnesota; and Alan L. Mitchell, St. Louis County Attorney, James T. Nephew, Assistant County Attorney, Duluth, MN, for respondent.

John M. Stuart, State Public Defender, Suzanne Senecal-Hill, Assistant Public Defender, Minneapolis, MN, for appellant.

Considered and decided by HUDSON, Presiding Judge; SCHUMACHER, Judge; and PORITSKY, Judge.

OPINION

HUDSON, Judge.

Appellant Charles Edward Boehl challenges his convictions of first- and second-degree criminal sexual conduct arguing that the district court abused its discretion in admitting Spreigl evidence of a prior incident of indecent exposure. Appellant also challenges his sentence, arguing that (a) the upward durational departure under the patterned-sex-offender statute violated his right to a jury trial under Blakely v. Washington...

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