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STATE OF MINNESOTA IN COURT OF APPEALS A10-915 State of Minnesota, Respondent, vs. DeJuan Haywood Haggins, Appellant. Filed May 3, 2011 Affirmed in part, reversed in part, and remanded Hudson, Judge Washington County District Court File No. 82-CR-09-3359 Lori Swanson, Attorney General, St. Paul, Minnesota; and Peter Orput, Washington County Attorney, Sarah E. Kerrigan, Assistant County Attorney, Stillwater, Minnesota (for respondent) David W. Merchant, Chief Appellate Public Defender, Davi E. Axelson, Assistant Public Defender, St. Paul, Minnesota (for appellant) Considered and decided by Hudson, Presiding Judge; Peterson, Judge; and Toussaint, Judge. SYLLABUS Even when a criminal defendant has agreed to an upward durational departure from the presumptive sentence, the district court`s failure to state substantial and compelling reasons for the upward departure on the record at sentencing requires reversal of the sentence and remand for the imposition of the presumptive sentence, at most.

OPINION HUDSON, Judge Appellant challenges his conviction of fourth-degree assault of a correctional officer and his sentence of 18 months on the grounds that the district court (1) discharged the public defender without obtaining a valid waiver of appellant`s right to counsel, and (2) upwardly departed from the presumptive sentence without making sufficient findings. Because appellant knowingly, intelligently, and voluntarily waived his right to counsel, we affirm the conviction. But because the district court did not state substantial and compelling reasons for the upward departure, we reverse the sentence and remand for resentencing. FACTS The state charged appellant DeJuan Haywood Haggins with fourth-degree assault in violation of Minn. Stat.

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