STATE v. CHILDERS

No. 81-436.

309 N.W.2d 37 (1981)

STATE of Minnesota, Respondent, v. David CHILDERS, Appellant.

Supreme Court of Minnesota.

August 7, 1981.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender and Mollie G. Raskind, Asst. State Public Def., Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., and Gary Hansen, Spec. Asst. Atty. Gen., St. Paul, John P. Dimich, Itasca County Atty., Grand Rapids, for respondent.

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


SHERAN, Chief Justice.

This is a sentencing appeal.

The offense of which defendant was convicted — possession of hashish with intent to sell — is a severity level II offense and defendant has a criminal history score of two, based on two drug convictions occurring in 1975. The presumptive sentence on the grid for one who commits a severity level II offense and has a criminal history score of two is 14 months stayed.

At the sentencing...

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