STATE v. BATCHELOR

No. A09-1770.

786 N.W.2d 319 (2010)

STATE of Minnesota, Respondent, v. Robert Raru BATCHELOR, Appellant.

Court of Appeals of Minnesota.

August 10, 2010.


Attorney(s) appearing for the Case

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

David W. Merchant, Chief Appellate Public Defender, Michael W. Kunkel, Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by CONNOLLY, Presiding Judge; STONEBURNER, Judge; and SCHELLHAS, Judge.


OPINION

CONNOLLY, Judge.

Appellant challenges his sentence for first-degree assault, which was the longer of two sentences agreed to in his plea bargain and that was based on his failure to return for his scheduled sentencing date. Appellant argues that due process required the district court to make the findings outlined in State v. Austin before imposing the longer sentence. Appellant also argues that the district court abused its discretion by...

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