State v. Finbraaten

OPINION

POPOVICH, Chief Judge.

This is an appeal by a criminal defendant from a three year prison term imposed by the court and executed for a conviction of theft by swindle in excess of $2,500 in violation of Minn.Stat. § 609.52, subds. 2(4), 3(1) (1982). Appellant Douglas Fin-braaten contends the triple durational departure and his dispositional departure was not justified by substantial and compelling circumstances and the evidence was insufficient to convict. We affirm.

FACTS

In January 1983 Lillian Bronson, age 97, lived in her Minneapolis home with a live-in aide, Joanne Chase. Chase’s…