STATE v. MACHEN

No. A11-1034.

State of Minnesota, Respondent, v. George Allen Machen, Appellant.

Court of Appeals of Minnesota.

Filed June 4, 2012.


Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, Minnesota; and Janice Jude , Mille Lacs County Attorney, Mark J. Herzing , Assistant County Attorney, Heather Eller , Special Prosecutor, Milaca, Minnesota, for respondent.

David W. Merchant , Chief Appellate Public Defender, Ngoc Nguyen , Assistant Public Defender, St. Paul, Minnesota, for appellant.

Considered and decided by Rodenberg, Presiding Judge; Halbrooks, Judge; and Ross, Judge.


UNPUBLISHED OPINION

HALBROOKS, Judge.

Appellant challenges the district court's refusal to grant a downward sentencing departure. Because we conclude that the district court acted within its discretion, we affirm.

FACTS

On January 8, 2010, probation officer, Jerome Shear, visited appellant George Machen's home to conduct a drug test pursuant to the conditions of his probation. During the home visit, Shear observed a rifle-style BB gun....

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