STATE v. CHAUVIN

No. A05-726.

723 N.W.2d 20 (2006)

STATE of Minnesota, Respondent, v. Richard Raymond CHAUVIN, Appellant.

Supreme Court of Minnesota.

October 26, 2006.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, Thomas R. Ragatz, Assistant Attorney General, Saint Paul, MN, Jan Kolb, Mille Lacs County Attorney, Milaca, MN, For Respondent.

Benjamin J. Butler, Assistant State Public Defender, Office of the Minnesota State Public Defender, Minneapolis, MN, For Appellant.

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


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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