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STATE v. ALSTON

No. CO-86-240.

391 N.W.2d 2 (1986)

STATE of Minnesota, Respondent, v. Rickey A. ALSTON, Appellant.

Court of Appeals of Minnesota.

July 15, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Thomas L. Johnson, Hennepin Co. Atty., Vernon E. Bergstrom, Chief, Appellate Section, Minneapolis, for respondent.

C. Paul Jones, Minn. State Public Defender, Steven P. Russett, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by RANDALL, P.J., and LANSING and HUSPENI, JJ.

MEMORANDUM OPINION

LANSING, Judge.

Rickey Alston contends the trial court improperly based a departure from the Minnesota Sentencing Guidelines on conduct underlying an assault charge that was dismissed in exchange for Alston's plea of guilty to aggravated robbery. We affirm.

FACTS

In August 1985 Rickey Alston was arrested and charged with aggravated robbery and second-degree assault in violation of Minn.Stat. §§ 609.245 and 609...

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