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TUCKER v. STATE

No. A09-666.

777 N.W.2d 247 (2010)

Clemmie Howard TUCKER, Jr., petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

January 19, 2010.

Attorney(s) appearing for the Case

Marie L. Wolf, Interim Chief Appellate Public Defender, Ngoc Nguyen, Assistant Public Defender, St. Paul, MN, for appellant.

Lori Swanson, Attorney General, St. Paul, MN; and Michael O. Freeman, Hennepin County Attorney, Lee W. Barry, III, Assistant County Attorney, Minneapolis, MN, for respondent.

Considered and decided by SHUMAKER, Presiding Judge; WORKE, Judge; and CONNOLLY, Judge.

OPINION

SHUMAKER, Judge.

In this appeal from the district court's denial of postconviction relief, appellant contends that the district court's upward durational departure from the presumptive sentence was not supported by a proper aggravating factor and that appellant's attorney rendered ineffective assistance in failing to contest the improper sentence. We affirm.

FACTS

At 2:25 a.m. on June 24, 2005, A.G. left a north Minneapolis bar...

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