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STATE, CTY. OF HENNEPIN v. McCLAY

Nos. 81-866, 81-867.

310 N.W.2d 683 (1981)

STATE of Minnesota, COUNTY OF HENNEPIN, Respondent, v. Donald E. McCLAY, Appellant. and STATE of Minnesota, COUNTY OF HENNEPIN, Respondent, v. John SCRUGGS, Appellant.

Supreme Court of Minnesota.

October 6, 1981.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Minneapolis, Anne Peek, Law Clerk, Minneapolis, for respondent.

Wm. R. Kennedy, Hennepin County Public Defender, David Knutson, Asst. Public Defender, Minneapolis, for appellants.

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

SHERAN, Chief Justice.

Upon our own motion we have consolidated two separate but related sentencing appeals by codefendants, each convicted on a guilty plea of aggravated robbery and each sentenced by the same judge to a longer prison term than provided by the Sentencing Guidelines Commission. Aggravated robbery is a severity level VII offense. The presumptive sentence for Scruggs, who had a criminal history score of two, was 41 months; the court sentenced him to...

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