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STATE OF MINNESOTA IN COURT OF APPEALS A10-1053 State of Minnesota, Respondent, vs. Gordon Douglas Weaver, Appellant. Filed May 3, 2011 Affirmed Larkin, Judge Concurring in part, dissenting in part, Minge, Judge Ramsey County District Court File No. 62-K5-02-003724

Lori A. Swanson, Attorney General, St. Paul, Minnesota; and John J. Choi, Ramsey County Attorney, Mitchell L. Rothman, Assistant County Attorney, St. Paul, Minnesota (for respondent) Paul C. Engh, Minneapolis, Minnesota; and Joseph S. Friedberg, Minneapolis, Minnesota (for appellant)

Considered and decided by Minge, Presiding Judge; Larkin, Judge; and Crippen, Judge.* SYLLABUS 1. When the district courts stated reasons for an upward sentencing departure

are improper or inadequate, an appellate court may independently examine the record to
*

Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI,

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