STATE v. OLSON

Nos. 82-180, 82-300.

325 N.W.2d 13 (1982)

STATE of Minnesota, Appellant, v. Daniel William OLSON, Respondent, and STATE of Minnesota, Appellant, v. Robert Peter CUNDY, Respondent.

Supreme Court of Minnesota.

October 11, 1982.


Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen. and Gary Hansen, Sp. Asst. Atty. Gen., St. Paul, Alan L. Mitchell, County Atty., John De Santo, Asst. County Atty., Duluth, for State of Minnesota 82-180.

Tom Foley, County Atty., and Steven C. DeCoster, Asst. County Atty., St. Paul, for State of Minnesota 82-300.

Wesley Martins, Indian Legal Assistance Program, Duluth, for Olson 82-180.

Douglas W. Thomson and Paul C. Engh, St. Paul, for Cundy 82-300.

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


AMDAHL, Chief Justice.

These cases are appeals by the state from sentences below the minimum terms of imprisonment mandated by Minn.Stat. § 609.11 (Supp.1981). Subdivision 5 of this statute requires minimum sentences of three years' imprisonment for certain offenses committed with a firearm. Subdivision 8, however, allows the prosecutor to file a motion for a reduced sentence. "When presented with the motion and if it finds substantial mitigating factors exist...

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