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STATE v. JOHNSON

No. A08-1112.

770 N.W.2d 564 (2009)

STATE of Minnesota, Respondent, v. David Paul JOHNSON, Appellant.

Court of Appeals of Minnesota.

August 18, 2009.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN, and Patrick J. Ciliberto, Scott County Attorney, Michael J. Groh, Assistant County Attorney, Shakopee, MN, for respondent.

Marie L. Wolf, Interim Chief Appellate Public Defender, Cathryn Y. Middlebrook, Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by STAUBER, Presiding Judge; TOUSSAINT, Chief Judge; and BJORKMAN, Judge.

OPINION

TOUSSAINT, Chief Judge.

The district court, using a criminal history score of eight, sentenced appellant David Paul Johnson to a 75-month stayed felony driving-while-impaired sentence consecutive to his one-year gross-misdemeanor sentence. Appellant challenges that sentence. Because we conclude that the consecutive sentence was authorized by Minn.Stat. § 169A.28, subd. 3 (2002), and that Minn...

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