STATE v. MILBRAD

No. CX-83-537.

355 N.W.2d 706 (1984)

STATE of Minnesota, Respondent, v. Herbert MILBRAD, Appellant.

Supreme Court of Minnesota.

October 12, 1984.


Attorney(s) appearing for the Case

Stephen W. Cooper, Neighborhood Justice Center, St. Paul, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Thomas Foley, Steven C. DeCoster, St. Paul, for respondent.

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


AMDAHL, Chief Justice.

This appeal is from an order of the district court refusing to allow a criminal defendant to refuse probation and insist on execution of a stayed 18-month prison term. We reverse and remand.

On July 28, 1982, defendant pleaded guilty to one count of a two-count complaint charging him with the burglaries of two different rooms in a St. Paul hotel. The presumptive sentence for the offense in question (a severity level IV offense) by a...

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