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STATE v. BARNES

No. 81-600.

313 N.W.2d 1 (1981)

STATE of Minnesota, Respondent, v. Danny Kwomi BARNES, Appellant.

Supreme Court of Minnesota.

December 3, 1981.

Attorney(s) appearing for the Case

Stephen W. Cooper, Neighborhood Justice Center, St. Paul, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Tom Foley, County Atty., and Steven DeCoster, Asst. County Atty., St. Paul, for respondent.

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

AMDAHL, Justice.

This is a sentencing appeal. Defendant was convicted by a district court jury of possession of cocaine, a felony that carries a maximum prison term of 5 years, and possession of a pistol without a permit, a gross misdemeanor that carries a maximum term of 1 year. Defendant, age 23, has a criminal history score of two (one point based on prior misdemeanor and gross misdemeanor convictions1 and one point because defendant...

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