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STATE v. FLEMING

No. A14-2187.

869 N.W.2d 319 (2015)

STATE of Minnesota, Respondent, v. August Latimothy FLEMING, Appellant.

Court of Appeals of Minnesota.

September 8, 2015.

Attorney(s) appearing for the Case

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

Cathryn Middlebrook, Chief Appellate Public Defender, Amy Lawler, Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by LARKIN, Presiding Judge; CHUTICH, Judge; and KLAPHAKE, Judge.

OPINION

Appellant challenges his aggravated sentence for possessing a firearm as an ineligible person, arguing that the district court erred by basing its upward durational sentencing departure on an impermissible aggravating factor. Appellant also challenges the district court's decision to revoke his probation, arguing...

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