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STATE v. JONASON

Nos. 49509, 49440.

292 N.W.2d 730 (1980)

STATE of Minnesota, Petitioner, v. Kelly JONASON, Respondent, and STATE of Minnesota, Petitioner, v. Michael Duane OLSON, Respondent.

Supreme Court of Minnesota.

March 11, 1980.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., St. Paul, for petitioner in both cases.

James Clifford, County Atty., Center City, for petitioner in No. 49509.

Thomas L. Fabel, Deputy Atty. Gen., Richard D. Hodsdon, Special Asst. Atty. Gen., St. Paul, Stephen Rathke, County Atty., Brainerd, for petitioner in No. 49440.

C. Paul Jones, Public Defender and Evalynn Welling, Asst. Public Defender, Minneapolis, for Jonason.

Thomas J. Ryan and Max J. Ruttger, III, Brainerd, for Olson.

Heard, considered, and decided by the court en banc.

KELLY, Justice.

Defendant Olson was sentenced to imprisonment of up to five years with the Commissioner of Corrections for aggravated assault. Defendant Jonason was sentenced to one year in the county jail for aggravated robbery. Execution of these sentences, however, was stayed and the defendants placed on probation on certain conditions. The State seeks writs of mandamus compelling the sentencing judge in each case to comply with the mandatory minimum sentencing...

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