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State v. Adkins11/22/2005
er statute, Minn. Stat. ยง 609.1095, subd. 4 (2004), is unconstitutional insofar as it permits a judicial determination of an aggravating factor beyond the recidivism exception recognized in Apprendi, we reverse the sentence imposed and remand for resentencing consistent with this opinion.
Affirmed in part, reversed in part, and remanded.
Dated: November 15, 2005
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