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STATE v. SMITH

No. 82-18.

316 N.W.2d 562 (1982)

STATE of Minnesota, Respondent, v. Daniel K. SMITH, Appellant.

Supreme Court of Minnesota.

March 5, 1982.

Attorney(s) appearing for the Case

William R. Kennedy, Hennepin County Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., and Vernon E. Bergstrom, Asst. County Atty., Minneapolis, for respondent.

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

AMDAHL, Chief Justice.

Defendant pled guilty to unauthorized use of a motor vehicle, which in his case carried a presumptive sentence under the Sentencing Guidelines of 1 year and 1 day stayed. The trial court imposed the presumptive sentence, stayed execution, and placed defendant on probation for 3 years, the first year to be served in the work-house. Defendant sought to refuse probation. The trial court indicated that it would be willing to allow this if it had...

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