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STATE v. HEYWOOD

Nos. C2-83-211, C4-83-212.

338 N.W.2d 243 (1983)

STATE of Minnesota, Appellant, v. Peter Lee HEYWOOD, Respondent. STATE of Minnesota, Appellant, v. Ralph Todd HUBBARD, Respondent.

Supreme Court of Minnesota.

September 16, 1983.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Thomas J. Foley, County Atty., St. Paul, for appellant.

J. Thomas Mott, St. Paul, for respondent Heywood.

C. Paul Jones, State Public Defender, Minneapolis, for respondent Hubbard.

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

AMDAHL, Chief Justice.

These sentencing appeals by the state raise the issue whether the trial court erred in departing dispositionally by staying presumptively executed 54-month prison terms. We affirm.

Defendants Peter Lee Heywood and Ralph Todd Hubbard, ages 21 and 18 respectively, along with Heywood's 31-year-old sister, Lynn, were charged with two counts of burglary with a dangerous weapon and six counts of assault with a dangerous weapon. Lynn Heywood...

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