State v. Nesler

OPINION

LESLIE, Judge.

In this sentencing appeal the defendant challenges both the dispositional and dura-tional departure of sentence following his conviction of assault in the third degree, Minn.Stat. § 609.223 (1984). We find the court justified in departing, and we affirm.

FACTS

Appellant met Karen Ashelin in a Wino-na bar on November 13, 1984. Appellant had previously lived with Ashelin, but their relationship was a stormy one, filled with many episodes of appellant physically assaulting her. In January 1984 Ashelin obtained a protective order which prohibited appellant from entering her…