STATE v. MURTO

No. 82-170.

316 N.W.2d 739 (1982)

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

Supreme Court of Minnesota.

March 12, 1982.


Attorney(s) appearing for the Case

Michael F. Cromett, St. Paul, for appellant.

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

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


AMDAHL, Chief Justice.

Defendant pled guilty to theft over $150, Minn.Stat. § 609.52, subds. 2(1) and 3(2) (1980), which in his case carried a presumptive sentence under the Minnesota Sentencing Guidelines and Commentary, (1980) of 1 year and 1 day stayed. The trial court imposed the presumptive sentence, stayed execution, and placed defendant on probation for 5 years, the first year to be served in the workhouse. Defendant then unsuccessfully sought to refuse...

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