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STATE v. GIST

No. C1-83-1107.

358 N.W.2d 664 (1984)

STATE of Minnesota, Respondent, v. Charles GIST, Appellant.

Supreme Court of Minnesota.

December 14, 1984.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Kathy King, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Henn. County Atty., Vernon E. Bergstrom, Richard Osborne, J. Michael Richardson, Beverly J. Wolfe, Asst. County Attys., Minneapolis, for respondent.

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

TODD, Justice.

Defendant was found guilty by a district court jury on a charge of attempted aggravated robbery, Minn.Stat. §§ 609.05, 609.17, and 609.245 (1982). Pursuant to Minn. Stat. § 609.11 (1982), and Minnesota Sentencing Guidelines and Commentary II.E. (1982), the presumptive sentence for the offense defendant committed was 54 months.1 The trial court departed durationally from the presumptive sentence, sentencing...

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