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STATE v. OSBORNE

No. C1-03-253.

715 N.W.2d 436 (2006)

STATE of Minnesota, Appellant, v. Anthony OSBORNE, Sr., Respondent.

Supreme Court of Minnesota.

June 8, 2006.

Attorney(s) appearing for the Case

Benjamin J. Butler, Assistant State Public Defender, Office of the Minnesota State Public Defender, Minneapolis, MN, for Respondent.

Mike Hatch, State Attorney General, Saint Paul, MN, Raymond F. Schmitz — Olmsted County Attorney, James P. Spencer — Senior Assistant Olmsted Attorney, Rochester, MN, for Appellants.

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

OPINION

HANSON, Justice.

An Olmsted County jury found respondent Anthony Osborne, Sr., guilty of 28 counts of drug-related offenses. The district court entered judgment of conviction on 23 counts and sentenced Osborne on 21 of those counts, resulting in an aggregate 268-month sentence that included three upward departures. Osborne appealed his conviction and sentence. The Minnesota Court of Appeals affirmed Osborne's conviction and sentence, and we denied...

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