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STATE v. EVENSON

No. C3-95-2572.

554 N.W.2d 409 (1996)

STATE of Minnesota, Respondent, v. Randall Dean EVENSON, Appellant.

Court of Appeals of Minnesota.

September 24, 1996.

Attorney(s) appearing for the Case

Hubert H. Humphrey III, Attorney General, Robert A. Stanich, Assistant Attorney General, St. Paul, Julius E. Gernes, Winona County Attorney, Winona, for Respondent.

John M. Stuart, State Public Defender, Susan K. Maki, Assistant State Public Defender, Minneapolis, for Appellant.

Considered and decided by LANSING, P.J., and KALITOWSKI and WILLIS, JJ.

OPINION

KALITOWSKI, Judge.

Appellant Randall Dean Evenson argues: (1) he cannot be convicted of burglarizing his own house, and (2) the district court abused its discretion by imposing the presumptive sentence instead of granting a downward dispositional departure.

FACTS

On April 12, 1995, the district court granted an ex parte order for protection in favor of A.E., who planned to divorce Evenson. A sheriff's deputy served Evenson with...

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