STATE v. KINDEM

No. 81-929.

313 N.W.2d 6 (1981)

STATE of Minnesota, Respondent, v. James KINDEM, Appellant.

Supreme Court of Minnesota.

December 7, 1981.


Attorney(s) appearing for the Case

Mary C. Cade, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon Bergstrom, Asst. County Atty., Chief, Appellate Section, Minneapolis, for respondent.

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


AMDAHL, Justice.

This is a sentencing appeal. Defendant was charged by indictment with second-degree murder and pled guilty to third-degree murder (felony murder). The presumptive sentence for one convicted of third-degree murder who has a criminal history score of zero is 97 months with a permissible range of deviation of 94 to 100 months without departing. The trial court imposed a 94-month prison term. The issue on appeal is whether the circumstances in defendant...

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