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STATE v. VANCE

No. A06-2130.

765 N.W.2d 390 (2009)

STATE of Minnesota, Respondent, v. Elton Perez VANCE, Appellant.

Supreme Court of Minnesota.

May 21, 2009.

Attorney(s) appearing for the Case

Lawrence Hammerling, Chief Appellate Public Defender, Rochelle R. Winn, Assistant Public Defender, Saint Paul, MN, for appellant.

Lori Swanson, Attorney General, Saint Paul, MN, James C. Backstrom, Dakota County Attorney, Helen R. Brosnahan, Assistant County Attorney, Hastings, MN, for respondent.

OPINION

MEYER, Justice.

At appellant Elton Perez Vance's Blakely trial, the jury found the existence of three aggravating factors: (1) multiple forms of penetration; (2) the presence of children; and (3) particular cruelty. The issue in this case is whether at the Blakely trial the district court's jury instruction materially misstated the law regarding the presence-of-children sentencing factor. We conclude that the instruction was erroneous...

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