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STATE v. BENSON

No. C1-82-1341.

330 N.W.2d 879 (1983)

STATE of Minnesota, Appellant, v. Robert Duane BENSON, a.k.a. Robert John Hanson, Respondent.

Supreme Court of Minnesota.

March 18, 1983.

Attorney(s) appearing for the Case

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

Larry Laine, St. Paul, for respondent.

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

AMDAHL, Chief Justice.

This is a sentencing appeal by the state. The issue is whether the trial court was justified in imposing a 32-month sentence rather than the presumptive sentence of 41 (37-45) months because of the court's belief that defendant misunderstood when he pleaded guilty that the presumptive sentence was 32 months.

Defendant is a 31-year-old man with a record of four nontraffic misdemeanor convictions...

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