STATE v. DESCHAMPE

No. C9-82-1247.

332 N.W.2d 18 (1983)

STATE of Minnesota, Respondent, v. Allan Roy DESCHAMPE, Appellant.

Supreme Court of Minnesota.

April 8, 1983.


Attorney(s) appearing for the Case

Robert E. Lucas, County Public Defender, Duluth, for appellant.

Hubert H. Humphrey III, Atty. Gen., St. Paul, Richard Swanson, County Atty., Grand Marais, for respondent.

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


AMDAHL, Chief Justice.

This is a sentencing appeal raising two issues: whether there were aggravating circumstances justifying a durational departure of less than two times the presumptive sentence and whether the trial court erred in refusing to give defendant credit for nights spent in jail as a condition of his release while awaiting trial.

At 4 a.m. on Sunday, December 20, 1981, the defendant, who was drunk, knocked on the door of a van parked near the...

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