State of Minnesota v. Robert John Meyers

OPINÍQN

REYES, Judge.

Appellant argues that the district court erred by imposing an Upward durational departure based on an aggravating factor that duplicated an element of his conviction for first-degree assault and an aggravating factor that was riot noticed by the state. Appellant also ai’gues that his Conduct was not significantly more serious than the typical first-degree assault, and, therefore, no substantial and compelling circumstances warranted an upward departure. Because we cohclude that the district court had valid grounds for departure and did not abuse its discretion by…