STATE v. BOEHL

No. A06-1643.

726 N.W.2d 831 (2007)

STATE of Minnesota, Appellant, v. Charles Edward BOEHL, Respondent.

Court of Appeals of Minnesota.

February 6, 2007.


Attorney(s) appearing for the Case

Lori Swanson, Attorney General, Thomas R. Ragatz, Assistant Attorney General, St. Paul, MN; and Melanie S. Ford, St. Louis County Attorney, Duluth, MN, for appellant.

John M. Stuart, State Public Defender, Benjamin J. Butler, Assistant State Public Defender, Minneapolis, MN, for respondent.

Considered and decided by KALITOWSKI, Presiding Judge; WRIGHT, Judge; and CRIPPEN, Judge.


OPINION

WRIGHT, Judge.

Appellant State of Minnesota challenges the district court's imposition of the presumptive guidelines sentence on remand from our reversal of respondent-defendant's sentence. Appellant argues that the district court erred by failing to consider using its inherent judicial authority to impanel a resentencing jury to determine whether the aggravating factors listed in the patterned-sex-offender sentencing-enhancement statute are present...

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