STATE v. CIZL

No. 81-245.

304 N.W.2d 632 (1981)

STATE of Minnesota, Appellant, v. Joseph Grinnel CIZL, Respondent.

Supreme Court of Minnesota.

April 17, 1981.


Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Tom Foley, County Atty., Steven De Coster, Asst. County Atty., St. Paul, for appellant.

C. Paul Jones, Minnesota State Public Defender, Mollie Raskind, Deputy Public Defender, Minneapolis, for respondent.

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


SHERAN, Chief Justice.

This appeal by the state,1 pursuant to Minn.Stat. § 244.11 (1980) permitting appellate review by either the state or the defendant of a sentence in a criminal case, is from defendant's sentence to a stayed gross misdemeanor term of 12 months in the workhouse for the felony offense of burglary, Minn.Stat. § 609.58, subd. 2(3) (1980). We vacate the sentence and remand for resentencing.

Defendant was...

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