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STATE v. SCOTT

No. 51050.

298 N.W.2d 67 (1980)

STATE of Minnesota, Respondent, v. Eugene Azor SCOTT, Appellant.

Supreme Court of Minnesota.

October 10, 1980.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Kathleen K. Rauenhorst, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Thomas Fabel and Norman B. Coleman, Jr., Asst. Attys. Gen., St. Paul, Michael Milligan, County Atty., Walker, for respondent.

Considered and decided by the court en banc without oral argument.

SCOTT, Justice.

Defendant was originally charged by a complaint in district court with burglary, possession of burglary tools, and burglary with tools. Pursuant to a plea bargain, defendant entered guilty pleas to the first two counts, and the trial court dismissed the count charging him with burglary with tools. After receiving a presentence investigation report, the trial court, over objection by defense counsel that Minn.Stat. § 609.035 (1978) permitted only...

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