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STATE v. FREY

No. C1-83-1141.

340 N.W.2d 346 (1983)

STATE of Minnesota, Respondent, v. Duane FREY, Appellant.

Court of Appeals of Minnesota.

December 7, 1983.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, John E. Pearson, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, John E. Pearson, County Atty., Detroit Lakes, for respondent.

Considered and decided by POPOVICH, C.J., and FOLEY, and SEDGWICK, JJ., with oral argument waived.

OPINION

POPOVICH, Chief Judge.

This is an appeal from a 100 month sentence of defendant by Gaylord A. Saetre, District Judge, after a plea of guilty to burglary in violation of Minn.Stat. §§ 609.05 and 609.58, subd. 2(1)(b) (accomplice liability for burglary of a dwelling by an accomplice armed with a dangerous weapon). Defendant's sentence was within the presumptive range of 90-104 months for an offense severity level of VII and appellant's history...

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