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STATE v. KEBASO

No. A04-1239.

713 N.W.2d 317 (2006)

STATE of Minnesota, Respondent, v. Kefa Apiemi KEBASO, Appellant.

Supreme Court of Minnesota.

April 13, 2006.

Attorney(s) appearing for the Case

Bruce Douglas Nestor, De Leon & Nestor, Minneapolis, for Appellant.

Mike Hatch, Attorney General, St. Paul, Jennifer Marie Inz, Asst. Eden Prairie City Attorney, Minneapolis, for Respondent.

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

OPINION

ANDERSON, RUSSELL A., Chief Justice.

This case presents the issue of whether a court is permitted to consider the immigration consequences to a criminal defendant when deciding which of multiple sentences to vacate or which of multiple offenses to sentence on under Minn.Stat. § 609.035 (2004). The court of appeals concluded that such consequences may not be considered in the context of sentencing under section 609.035. State v. Kebaso

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