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STATE v. MALEY

Nos. A05-782, A05-883.

714 N.W.2d 708 (2006)

STATE of Minnesota, Respondent, v. Brian Lee MALEY, Appellant.

Court of Appeals of Minnesota.

May 9, 2006.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN and Thomas S. Opheim, Norman County Attorney, Rebecca A. Trapp, Assistant Norman County Attorney, Ada, MN, for respondent.

John M. Stuart, State Public Defender, F. Richard Gallo, Jr., Assistant State Public Defender, Minneapolis, MN, for appellant.

Considered and decided by RANDALL, Presiding Judge; MINGE, Judge; and ROSS, Judge.

OPINION

ROSS, Judge.

Brian Lee Maley appeals his 54-month prison sentence imposed after he pleaded guilty to a controlled-substance violation. Maley argues that the district court erroneously considered two out-of-state convictions in calculating his criminal-history score. Because the state's burden to establish a sufficient factual basis for the challenged convictions was neither met nor excused, we reverse and remand for resentencing.

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