State v. Shattuck

ORDER

This case was heard on the court’s oral calendar on November 30, 2004. The *786court has decided the substantive issue but desires briefing on four specific questions relating to remedy.

Based upon all the files, records and proceedings herein,

It is the determination of this court that, in accordance with the rule of Blakely v. Washington, — U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), the district court’s imposition of an upward durational departure under Minn.Stat. § 609.109, subd. 4 (2002), from the Minnesota Sentencing Guidelines’ presumptive sentence violated appellant’s Sixth…