STATE v. MEYERS

No. A13-1313.

853 N.W.2d 819 (2014)

STATE of Minnesota, Respondent, v. Robert John MEYERS, Appellant.

Court of Appeals of Minnesota.

September 15, 2014.


Attorney(s) appearing for the Case

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

Cathryn Middlebrook , Chief Appellate Public Defender, Jessica Merz Godes , Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by REYES, Presiding Judge; HOOTEN, Judge; and WILLIS, Judge.


OPINION

REYES, Judge.

Appellant argues that the district court erred by imposing an upward durational departure based on an aggravating factor that duplicated an element of his conviction for first-degree assault and an aggravating factor that was not noticed by the state. Appellant also argues that his conduct was not significantly more serious than the typical first-degree assault, and, therefore, no substantial...

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