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STATE v. RAUSCH

No. A11-1.

799 N.W.2d 19 (2011)

STATE of Minnesota, Appellant, v. Sarah DeAnn RAUSCH, Respondent.

Court of Appeals of Minnesota.

May 23, 2011.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN; and Pete Orput , Washington County Attorney, Stillwater, MN, for appellant.

David W. Merchant , Chief Appellate Public Defender, Andrea Barts , Assistant Public Defender, St. Paul, MN, for respondent.

Considered and decided by BJORKMAN, Presiding Judge; STONEBURNER, Judge; and RANDALL, Judge.

OPINION

STONEBURNER, Judge.

The state appeals the district court's downward departure from the statutory mandate that a person convicted of burglary of an occupied dwelling must be committed to the commissioner of corrections or county workhouse for not less than six months, arguing that the district court lacks authority to depart downward from the mandatory sentence. We conclude that the district court erred...

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