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STATE v. RANDOLPH

No. 81-855.

316 N.W.2d 508 (1982)

STATE of Minnesota, Respondent, v. Margaret RANDOLPH, Appellant.

Supreme Court of Minnesota.

February 23, 1982.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Margaret LaMarche, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Alan L. Mitchell, County Atty., and Kevin O'Connell, Asst. County Atty., Duluth, for respondent.

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

AMDAHL, Chief Justice.

This sentencing appeal raises the issue of whether, under some circumstances at least, a convicted criminal defendant may refuse probation and insist upon execution of a prison sentence. Defendant was convicted upon her guilty plea to a charge of unlawful sale of a Schedule IV controlled substance. The presumptive Guidelines sentence for such offense for a person with defendant's criminal history score is 14 months with execution of the sentence...

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