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STATE v. WALTERS

No. 81-771.

315 N.W.2d 590 (1982)

STATE of Minnesota, Respondent, v. David Brian WALTERS, Appellant.

Supreme Court of Minnesota.

February 2, 1982.

Attorney(s) appearing for the Case

Hutchinson & Marquard and S. Forrest Hutchinson, Duluth, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Alan L. Mitchell, County Atty., and Peter M. Banovetz, Asst. County Atty., Duluth, for respondent.

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

AMDAHL, Chief Justice.

This is a sentencing appeal. On April 23, 1981, defendant pled guilty to two different severity level III drug offenses: sale of cocaine (a schedule II narcotic) on August 29, 1980, and possession of cocaine with intent to sell on September 2, 1980. Defendant's criminal history score was two, one point for a 1978 conviction for possessing LSD with intent to sell and one point for committing the present offenses while on probation. The presumptive...

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