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STATE v. ROTT

No. 81-796.

313 N.W.2d 574 (1981)

STATE of Minnesota, Respondent, v. Jacqueline ROTT, Appellant.

Supreme Court of Minnesota.

December 14, 1981.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Margaret LaMarche, Asst. Public Defender, Minneapolis, for appellant.

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

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

AMDAHL, Justice.

This is an appeal by a criminal defendant from concurrent 3-year prison terms imposed by the district court and executed for five convictions for theft by check of over $150 based on guilty pleas. Theft by check of over $150 is a severity level II offense. Although defendant had three 1978 misdemeanor convictions for check offenses, she had a criminal history score of zero. The presumptive sentence for one with such a score who commits such an offense...

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