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STATE v. RUSHTON

No. A11-1734.

820 N.W.2d 287 (2012)

STATE of Minnesota, Respondent, v. Eugene Lee RUSHTON, Appellant.

Court of Appeals of Minnesota.

September 17, 2012.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, Pamela L. Harris , Assistant Attorney General, St. Paul, MN, Brian Melton , Clay County Attorney, Moorhead, MN, for respondent.

David W. Merchant , Chief Appellate Public Defender, Sean M. McGuire , Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by WRIGHT, Presiding Judge; ROSS, Judge; and HOOTEN, Judge.

OPINION

WRIGHT, Judge.

Appellant challenges his sentence, arguing that the minimum term of imprisonment imposed in conjunction with his life sentence is an upward departure from the sentencing guidelines that required the district court to articulate a valid basis for the departure. We affirm in part, reverse in part, and remand.

FACTS

On April 18, 2011, the Clay County grand jury returned an indictment against appellant Eugene Lee Rushton...

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