STATE v. VAN GORDEN

No. 82-340.

326 N.W.2d 633 (1982)

STATE of Minnesota, Respondent, v. John VAN GORDEN, Appellant.

Supreme Court of Minnesota.

November 24, 1982.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Lawrence Hammerling, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief, Appellate Division, Thomas A. Weist, Rick Osborne, Beverly J. Wolfe and William Neiman, Asst. County Attys., Minneapolis, for respondent.

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


AMDAHL, Chief Justice.

This is an appeal from judgment of conviction which raises only one issue, whether the trial court erred in imposing a sentence of 180 months when the presumptive sentence established by the Minnesota Sentencing Guidelines is 54 (50-58) months in prison. We affirm.

At 10:35 p.m. on September 18, 1981, the victim in this case, a 66-year-old widow living in northeast Minneapolis, heard a knock on her front door. When she looked out, she...

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