State of Minnesota v. August Latimothy Fleming

OPINION

DIETZEN, Justice.

Appellant August Latimothy Fleming pleaded guilty to possession of a firearm by an ineligible person and second-degree assault. The district court imposed an upward durational- sentencing departure for the possession conviction because Fleming fired the gun- six times in a park filled with children, thereby creating a greater-than-normal danger to the safety of other people. Fleming appealed, arguing that the firing of the gun related only to the assault conviction and that conduct underlying-the assault conviction could not be used to support an upward departure for…