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STATE v. WISKOW

No. A08-1835.

774 N.W.2d 612 (2009)

STATE of Minnesota, Respondent, v. Cain Lee WISKOW, Appellant.

Court of Appeals of Minnesota.

November 10, 2009.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN, Mark A. Ostrem, Olmsted County Attorney, Eric M. Woodford, Assistant County Attorney, Rochester, MN, for respondent.

Marie L. Wolf, Interim Chief Appellate Public Defender, Rachel F. Bond, Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by LARKIN, Presiding Judge; HALBROOKS, Judge; and JOHNSON, Judge.

OPINION

LARKIN, Judge.

Appellant challenges his sentence for aggravated robbery in the first degree, arguing that the district court violated his Sixth Amendment right to a jury trial when it based imposition of an upward durational departure under section 609.1095, subdivision 2, on a judicial determination that his Wisconsin burglary conviction is for a violent crime. We hold that a district court may...

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