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STATE v. HAGER

No. 82-208.

325 N.W.2d 43 (1982)

STATE of Minnesota, Respondent, v. David Paul HAGER, Appellant.

Supreme Court of Minnesota.

October 22, 1982.

Attorney(s) appearing for the Case

Stein & Stein and Manuel H. Stein, Hibbing, for appellant.

Warren Spannaus, Atty. Gen., Norman B. Coleman, Jr. and Richard D. Hodsdon, Sp. Asst. Attys. Gen., St. Paul, John P. Dimich, County Atty., Grand Rapids, for respondent.

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

KELLEY, Justice.

Defendant was found guilty by a district court jury of a charge of sale of a schedule I controlled substance, marijuana. The presumptive sentence for this offense (a severity level II offense) by a person with defendant's criminal history score at the time of sentencing (zero) is either a stay of imposition of sentence or imposition of a prison term of 1 year and 1 day with execution stayed. The trial court...

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