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STATE OF MINNESOTA IN COURT OF APPEALS A10-780 State of Minnesota, Respondent, vs. Kris Alan Hahn, Appellant. Filed May 31, 2011 Affirmed in part, reversed in part, and remanded Halbrooks, Judge Concurring in part, dissenting in part, Schellhas, Judge Hennepin County District Court File No. 27-CR-07-109896 Lori Swanson, Attorney General, St. Paul, Minnesota; and Michael O. Freeman, Hennepin County Attorney, Linda M. Freyer, Assistant County Attorney, Minneapolis, Minnesota (for respondent) David W. Merchant, Chief Appellate Public Defender, Roy G. Spurbeck, Assistant Public Defender, St. Paul, Minnesota (for appellant) Considered and decided by Schellhas, Presiding Judge; Shumaker, Judge; and Halbrooks, Judge. SYLLABUS Under the Minnesota Sentencing Guidelines sections II.F.1 and VI (2005), a current felony conviction may permissively be sentenced consecutively to a prior felony sentence only when the latter is for a crime listed in section VI that has not expired or been discharged.

OPINION HALBROOKS, Judge On appeal from his conviction of first-degree criminal sexual conduct, appellant argues that (1) he was denied a speedy trial; (2) the district court committed reversible error by allowing the state to introduce sexually explicit images of the victim found on appellant's computer; (3) the district court erred by ordering that appellant's sentences be served consecutively; and (4) the victim's testimony should have been excluded under the doctrine of judicial estoppel. We conclude that appellant was not denied a speedy trial and that the district court properly admitted both the images of the victim and the victim's testimony. But because concurrent sentencing was presumptive, and because the district court failed to articulate a valid basis for a sentencing departure, we reverse the sentence and remand for resentencing consistent with this opinion. FACTS On September 4, 2007, the state charged appellant Kris Alan Hahn with the crime of criminal sexual conduct in the first degree in violation of Minn. Stat.

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