STATE v. MALLORY

No. C6-82-802.

329 N.W.2d 60 (1983)

STATE of Minnesota, Respondent, v. James MALLORY, Appellant.

Supreme Court of Minnesota.

January 28, 1983.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Mark F. Anderson, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Robert Carolan, County Atty., and Chester A. Diemer, Asst. County Atty., Hastings, for respondent.

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


AMDAHL, Chief Justice.

This is an appeal from judgment of conviction which raises only a sentencing issue. We affirm.

Defendant was convicted of aggravated robbery and was sentenced by the trial court to a Guidelines sentence of 90 months. This sentence was imposed pursuant to Minn.Stat. § 609.11, subd. 5 (1982), which provides that "Any defendant convicted of a second or subsequent offense in which the defendant or an accomplice, at the time of the offense...

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