Tucker v. State

OPINION

SHUMAKER, Judge.

In this appeal from the district court’s denial of postconviction relief, appellant contends that the district court’s upward durational departure from the presumptive sentence was not supported by a proper aggravating factor and that appellant’s attorney rendered ineffective assistance in failing to contest the improper sentence. We affirm.

FACTS

At 2:25 a.m. on June 24, 2005, A.G. left a north Minneapolis bar with appellant Clemmie Tucker. A.G. drove her car and Tucker drove his truck as they engaged in, what Tucker agreed was, a “cat-and-mouse sort of chase.” When A.G.…