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STATE v. PETER

No. A12-0835.

825 N.W.2d 126 (2012)

STATE of Minnesota, Appellant, v. Manlear PETER, Respondent.

Court of Appeals of Minnesota.

December 17, 2012.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN, Brian J. Melton , Clay County Attorney, Jenny M. Samarzja , Assistant County Attorney, Moorhead, MN, for appellant.

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

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

OPINION

ROSS, Judge.

Liberia-born Manlear Peter broke into and stole cash and a computer from the Habitat for Humanity facility in Moorhead. Aware that Peter faced deportation if he received the presumptive guidelines sentence for the burglary, the district court departed downward and imposed a lighter sentence, expressly to save Peter from federal deportation. The state appeals the sentence, urging us to hold...

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