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357 N.W.2d 406

State v. Booth

Court of Appeals of Minnesota

Decided November 13, 1984

Court of Appeals of Minnesota · decided 1984-11-13

Relies on State v. Cox · State v. Broten · State v. Wentz

Decided 1984-11-13

¶1SUMMARY OPINION

FORSBERG, Judge.

¶2FACTS

¶3Appellant was charged with burglary and theft for his participation in stealing various items from an auto parts store in St. Paul. Under a plea agreement, appellant pleaded guilty to attempted theft and the State dismissed burglary and theft charges. Appellant was sentenced to 18 months in prison, a six-month upward dura-tional departure, and ordered to pay $50 restitution.

¶4DECISION

¶5The trial court considered how the offense occurred and appellant’s role in it, i.e. the entire course of conduct underlying the charge. Kilcoyne v. State, 344 N.W.2d 394 (Minn.1984); State v. Broten, 343 N.W.2d 38 (Minn.1984). The trial court was justified in concluding that appellant’s actions were significantly more serious than the typical attempted theft. State v. Cox, 343 N.W.2d 641 (Minn.1984).

¶6The restitution order must be vacated in light of State v. Wentz, 343 N.W.2d 667 (Minn.1984); State v. Raddatz, 345 N.W.2d 798 (Minn.Ct.App.1984).

¶7Affirmed in part, vacated in part.

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