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STATE v. CLEMMER

No. 82-1051.

328 N.W.2d 739 (1983)

STATE of Minnesota, Appellant, v. Daniel Jerome CLEMMER, Respondent.

Supreme Court of Minnesota.

January 21, 1983.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, for appellant.

Philip G. Villaume, St. Paul, for respondent.

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

AMDAHL, Chief Justice.

This is an appeal by the state, pursuant to Minn.Stat. § 244.11 (1982), from a sentencing departure by the district court in the form of a stay of execution of sentence in a case in which the Minnesota Sentencing Guidelines recommend imposition and execution of a 34 (33-35) month prison term. We affirm.

Defendant is 22 years old. His first conviction, for burglary, was in 1979. His second conviction, also for burglary, was in 1980...

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