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BLACK v. STATE

Nos. A06-166, A06-311.

725 N.W.2d 772 (2007)

Robert Alan BLACK, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

January 9, 2007.

Attorney(s) appearing for the Case

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

Lori R. Swanson, Attorney General, John B. Galus, Assistant Attorney General, St. Paul, MN; and Gregory D. Larson, Hubbard County Attorney, Hubbard County Courthouse, Park Rapids, MN, for respondent.

Considered and decided by KLAPHAKE, Presiding Judge; WORKE, Judge; and ROSS, Judge.

OPINION

WORKE, Judge.

On appeal from an order denying a post-conviction petition, appellant argues that (1) consecutive sentencing was a departure that was not properly supported by offense-related aggravating factors, and (2) his failure to cooperate with the PSI, to appear for sentencing, and to abide by his conditions of release were all offender-related factors that cannot be used to support the departure. We affirm.

FACTS

In May 2000...

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