State v. Behl

OPINION

KLAPHAKE, Judge.

Appellant Donn Harvey Behl II was convicted of second-degree manslaughter under Minn.Stat. § 609.205(1) (1994). He argues that the trial court erred in refusing to hear mitigating evidence at his resentencing hear ing and in sentencing him to an upward durational departure. We affirm.

FACTS

The facts of this case are set forth in Behl’s previous appeals, State v. Behl, 547 N.W.2d 382 (Minn.App.1996) (Behl I) and State v. Behl, 564 N.W.2d 560 (Minn.1997) (Behl II). In Behl II, the supreme court affirmed the district court’s jurisdiction over the murder and' manslaughter…