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STATE v. LINDSEY

No. 81-1103.

314 N.W.2d 823 (1982)

STATE of Minnesota, Respondent, v. Gene LINDSEY, Appellant.

Supreme Court of Minnesota.

Rehearing Denied March 5, 1982.

Attorney(s) appearing for the Case

Lawrence Laine, St. Paul, for appellant.

Warren Spannaus, Atty. Gen., 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, Chief Justice.

This is a sentencing appeal.

Defendant was found guilty by a district court jury of two counts of aggravated robbery, Minn.Stat. §§ 609.245, 609.05, and 609.11 (1980), for his role in two separate armed robberies of dealers in precious metals, one on October 8, 1980, and the other on February 7, 1981. Aggravated robbery is a severity level VII offense and defendant had a criminal history score of two points. The presumptive...

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