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STATE v. DELK

No. A09-1125.

781 N.W.2d 426 (2010)

STATE of Minnesota, Respondent, v. Antonio Maurice DELK, Appellant.

Court of Appeals of Minnesota.

May 4, 2010.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN, Janelle P. Kendall, Stearns County Attorney, Michael J. Lieberg, Assistant County Attorney, St. Cloud, MN, for respondent.

David W. Merchant, Chief Appellate Public Defender, Marie Wolf, Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by CONNOLLY, Presiding Judge; HUDSON, Judge; and JOHNSON, Judge.

OPINION

HUDSON, Judge.

On appeal from his sentencing for second-degree unintentional murder, appellant argues that his sentence must be overturned because, although it is within the presumptive-sentence range, it is longer than the "middle-of-the-box" presumptive sentence. Because any sentence within the guideline range is not a departure from the presumptive sentence, we affirm.

FACTS

In November 2005, David Delk attended a birthday party...

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