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CARSE v. STATE

No. A09-985.

778 N.W.2d 361 (2010)

Richard Donald CARSE, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

February 9, 2010.

Attorney(s) appearing for the Case

Marie L. Wolf, Interim Chief Appellate Public Defender, Steven P. Russett, Assistant Public Defender, St. Paul, MN, for appellant.

Lori Swanson, Attorney General, St. Paul, MN; and Michael O. Freeman, Hennepin County Attorney, Linda M. Freyer, Assistant County Attorney, Minneapolis, MN, for respondent.

Considered and decided by LARKIN, Presiding Judge; MINGE, Judge; and SCHELLHAS, Judge.

OPINION

LARKIN, Judge.

Following his conviction of first-degree assault and the district court's imposition of an aggravated sentence, appellant petitioned for postconviction relief, claiming that the district court erred by accepting his waiver of the right to be present at trial and that there was an insufficient factual basis to support his aggravated sentence. The district court denied appellant's petition, and this appeal followed. Because the district...

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