State v. Turrubiates

OPINION

SCHELLHAS, Judge.

Appellant challenges his 240-month upward sentencing departure for second-degree unintentional felony murder while-committing felonious child endangerment. We affirm.

FACTS

In an amended complaint, respondent State of Minnesota charged appellant Sergio Turrubiates with two counts of second-degree unintentional murder while committing a felony in violation of Minn.Stat. § 609.19, subd. 2(1). The state alleged that Turrubiates caused the death of T.M., age 19 months. Count 1 included the underlying felony of first-degree assault in violation of Minn.Stat. § 609.221, subd.…