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STATE v. FLEMING

No. A07-2037.

State of Minnesota, Respondent, v. John Fleming, Appellant.

Court of Appeals of Minnesota.

Filed January 27, 2009.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN and

Susan Gaertner, Ramsey County Attorney, Mark Nathan Lystig, Assistant County Attorney, St. Paul, MN (for respondent).

Lawrence Hammerling, Chief Appellate Public Defender, Davi E. Axelson, Assistant Public Defender, St. Paul, MN (for appellant)

Considered and decided by Bjorkman, Presiding Judge; Ross, Judge; and Connolly, Judge.

UNPUBLISHED OPINION

BJORKMAN, Judge.

Appellant challenges his conviction of ineligible possession of a firearm and the district court's upward durational departure in sentencing. We affirm.

FACTS

Appellant John Fleming was charged with possession of a firearm by an ineligible person, a violation of Minn. Stat. § 624.713, subd. 1(b) (2004). The charge was premised on Fleming's admitted possession of a black metal Walther PPK/S BB gun...

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