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STATE v. KING

No. C0-83-143.

337 N.W.2d 674 (1983)

STATE of Minnesota, Appellant, v. Wayne Donald KING, Respondent.

Supreme Court of Minnesota.

August 26, 1983.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Robert W. Kelly, County Atty., William F. Klumpp, Jr., Asst. County Atty., Stillwater, for appellant.

David K. Porter, Richfield, for respondent.

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

AMDAHL, Chief Justice.

This is an appeal by the state from a dispositional sentencing departure in the form of a stay of execution of a presumptively executed prison term of 1 year and 1 day for the offense of attempted aggravated robbery. The offense is a severity level VII offense to which defendant, who has a criminal history score of zero, pleaded guilty. The sole issue is whether there was a valid basis for the departure. We hold that there was.

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