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STATE v. McGILL

No. 81-797.

324 N.W.2d 378 (1982)

STATE of Minnesota, Respondent, v. Delbert McGILL, Appellant.

Supreme Court of Minnesota.

October 1, 1982.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Elizabeth B. Davies, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Kenneth Safford and Gary Hansen, Sp. Asst. Attys. Gen., St. Paul, John Riches, II, County Atty., Benson, for respondent.

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

YETKA, Justice.

Defendant was found guilty by a district court jury of a charge of arson in the first degree, Minn.Stat. § 609.561, subd. 1 (1980), for setting fire to a dwelling in Benson which he and his wife possessed as vendees under a contract for deed. The presumptive sentence for this offense (severity level VII) by one with defendant's criminal history score (zero) is 24 months in prison with sentence executed...

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