STATE v. GROSS

No. C6-82-1366.

332 N.W.2d 167 (1983)

STATE of Minnesota, Respondent, v. Barry Ronald GROSS, Appellant.

Supreme Court of Minnesota.

April 8, 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., Tom Foley, County Atty., and Steven C. DeCoster, Asst. County Atty., St. Paul, for respondent.

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


AMDAHL, Chief Justice.

The issue on this sentencing appeal is whether the record establishes the presence of aggravating circumstances justifying a durational departure.

Defendant is a 35-year-old man with a record of six prior felony convictions. The instant offense, attempted theft by shoplifting of property valued at more than $150 but not more than $2,500, occurred on Thursday, January 21, 1982, at a clothing store in the Rosedale Shopping Center. When...

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