OPINION
HANSON, Justice.
On appeal from his conviction for felony theft by swindle, appellant Richard Raymond Chauvin challenges the district court's double upward durational departure from the presumptive guideline sentence. Specifically, Chauvin argues that the district court did not have the authority to impanel a jury to make findings on aggravating sentencing factors. Chauvin also challenges the upward departure because it was based on an aggravating...
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