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STATE v. KIRSCH

No. C7-82-1022.

338 N.W.2d 45 (1983)

STATE of Minnesota, Respondent, v. Sandra L. KIRSCH, Appellant.

Supreme Court of Minnesota.

September 9, 1983.

Attorney(s) appearing for the Case

C. Paul Jones, State Public Defender, Kathy King, Asst. Public Defender, University of Minn., Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty. Rick Osborne, Asst. County Atty., Minneapolis, for respondent.

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

KELLEY, Justice.

Defendant was found guilty by a district court jury of three counts of theft by swindle over $2,500, Minn.Stat. § 609.52, subds. 2(4), 3(1, 5) (1982). The presumptive sentence for the offense of theft over $2,500 (a severity level III offense) by a person with defendant's criminal history score (zero) is 1 year and 1 day stayed. The trial court sentenced defendant to three consecutive terms of 1 year and 1 day, stayed execution of sentence and...

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