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STATE v. AYALA-LEYVA

No. A13-0401.

848 N.W.2d 546 (2014)

STATE of Minnesota, Respondent, v. Pedro AYALA-LEYVA, Appellant.

Court of Appeals of Minnesota.

May 19, 2014.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN; and Michael O. Freeman , Hennepin County Attorney, Jean Burdorf , Assistant County Attorney, Minneapolis, MN, for respondent.

Cathryn Middlebrook , Chief Appellate Public Defender, Lydia Villalva Lijò , Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by SCHELLHAS, Presiding Judge; CLEARY, Chief Judge; and KLAPHAKE, Judge.

OPINION

KLAPHAKE, Judge.*

Appellant challenges his conviction of conspiracy to commit first-degree controlled substance crime (sale), while he or a co-conspirator possessed a firearm, and his 360-month sentence, which is an upward departure from the presumptive 86-month guidelines sentence. Because the district court did not commit plain error in its jury instructions on the unanimity requirement and because the prosecutor's...

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