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331 N.W.2d 926

State v. Boynton

Supreme Court of Minnesota

Decided April 22, 1983

Supreme Court of Minnesota · decided 1983-04-22

Applies MN 244 § 244.11

Relies on State v. Hennessy

Decided 1983-04-22

AMDAHL, Chief Justice.

¶1This is an appeal by the state, pursuant to Minn.Stat. § 244.11 (1982), from a sentencing departure by the district court in the form of a stay of imposition of sentence in a ease in which the Sentencing Guidelines recommend imposition and execution of sentence. This ease is a companion case to State v. Hennessy, 328 N.W.2d 442 (Minn.1983), where, on similar facts, we upheld a dispositional departure by the same judge with respect to defendant’s accomplice. That case controls, and we affirm.

¶2Affirmed.

KELLEY, J., took no part in the consideration or decision of this case.
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