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STATE v. WEAVER

No. A10-1053.

796 N.W.2d 561 (2011)

STATE of Minnesota, Respondent, v. Gordon Douglas WEAVER, Appellant.

Court of Appeals of Minnesota.

May 3, 2011.

Attorney(s) appearing for the Case

Lori A. Swanson , Attorney General, St. Paul, MN, John J. Choi , Ramsey County Attorney, Mitchell L. Rothman , Assistant County Attorney, St. Paul, MN, for respondent.

Paul C. Engh , Joseph S. Friedberg , Minneapolis, MN, for appellant.

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

OPINION

LARKIN, Judge.

In this post-remand appeal, appellant challenges his sentence of 225 months on one count of second-degree unintentional felony murder, which constitutes a 75-month upward-durational departure from the presumptive sentence. Appellant claims that the district court erred in relying on impermissible departure grounds and in refusing to grant a downward-durational departure. Because the upward departure is supported by valid departure...

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