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STATE v. VERDON

No. A07-1811.

757 N.W.2d 879 (2008)

STATE of Minnesota, Respondent, v. Robert John VERDON, Appellant.

Court of Appeals of Minnesota.

December 9, 2008.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, James B. Early, Assistant Attorney General, St. Paul, MN, Stephanie Beckman, Meeker County Attorney, Litchfield, MN, for respondent.

Bradford Colbert, Legal Assistance to Minnesota Prisoners, St. Paul, MN, for appellant.

Considered and decided by MINGE, Presiding Judge; SCHELLHAS, Judge; and CRIPPEN, Judge.

OPINION

MINGE, Judge.

Appellant contends that the district court's assignment of a Minnesota Offense Code (MOC) to his offense is (1) a denial of his Sixth Amendment right to a jury trial under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004); and (2) erroneous. Because the assignment did not enhance his sentence beyond the presumptive guidelines sentence and because there is a basis in the...

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