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STATE v. WITTIG

No. C3-83-1125.

343 N.W.2d 711 (1984)

STATE of Minnesota, Respondent, v. Frank James WITTIG, Appellant.

Court of Appeals of Minnesota.

February 8, 1984.

Attorney(s) appearing for the Case

Kenneth Meshbesher, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Henn. Co. Atty., J. Michael Richardson, Asst. Henn. Co. Atty., Minneapolis, for respondent.

Heard, considered and decided by POPOVICH, C.J., FOLEY and SEDGWICK, JJ.

OPINION

SEDGWICK, Judge.

This is a sentencing appeal. The defendant pleaded guilty to a charge of theft by swindle of a sum in excess of $2,500 aggregating, in violation of Minn.Stat. § 609.52, subd. 2(4), subd. 3(1) and subd. 3(5). The presumptive sentence for defendant's crime (a severity level IV offense), with defendant's criminal history score of one, is a stayed sentence of 15 months. On July 6, 1983, the sentencing court imposed a sentence of...

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