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STATE v. HENNESSY

No. 82-779.

328 N.W.2d 442 (1983)

STATE of Minnesota, Appellant, v. Brian John HENNESSY, Respondent.

Supreme Court of Minnesota.

January 14, 1983.

Attorney(s) appearing for the Case

Hubert H. Humphrey III, Atty. Gen., St. Paul, Raymond F. Schmitz, Asst. County Atty., Rochester, for appellant.

David J. Rice, Rochester, for respondent.

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

AMDAHL, Chief Justice.

This is an appeal by the state, pursuant to Minn.Stat. § 244.11 (1980), from a sentencing departure by the district court in the form of a stay of imposition of sentence in a case in which the Sentencing Guidelines recommend execution of sentence. We affirm.

Defendant is a 24-year-old man with a substantial record of nonviolent, nonaggressive criminal conduct. In December of 1981, while on parole, defendant was caught by police...

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