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STATE v. NELSON

No. C8-82-882.

329 N.W.2d 827 (1983)

STATE of Minnesota, Appellant, v. Larry Michael NELSON, Respondent.

Supreme Court of Minnesota.

February 18, 1983.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Tom Foley, County Atty., and Steven C. DeCoster, Asst. County Atty., St. Paul, for appellant.

David G. Roston, Minneapolis, 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 downward durational sentencing departure by the sentencing judge, who imposed an executed prison term of 1 year and 1 day in a case where the presumptive sentence established by the Minnesota Sentencing Guidelines is an executed term of 27 (25-29) months in prison.

On July 22 and July 30, 1981, defendant sold cocaine to undercover agents in Hennepin County...

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