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STATE v. MURTO

No. 82-637.

322 N.W.2d 725 (1982)

STATE of Minnesota, Respondent, v. Mark Paul MURTO, Appellant.

Supreme Court of Minnesota.

August 4, 1982.

Attorney(s) appearing for the Case

William Falvey, Ramsey County Public Defender, Michael Cromett, Asst. Public Defender, St. Paul, for appellant.

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

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

AMDAHL, Chief Justice.

In State v. Murto, 316 N.W.2d 739 (Minn. 1982), we ruled that the district court erred in refusing to order execution of sentence after defendant rejected the district court's stay of execution of sentence and the imposition of a year of probationary jail time. On remand, the district court executed sentence, as requested, but refused to grant defendant credit...

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