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STATE v. ROESCH

No. C8-84-1373.

355 N.W.2d 754 (1984)

STATE of Minnesota, Respondent, v. Joseph R. ROESCH, Appellant.

Court of Appeals of Minnesota.

Review Denied December 20, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Michael K. Jordan, Asst. Atty. Gen., St. Paul, W.M. Gustafson, Nicollet County Atty., St. Peter, for respondent.

Mary C. Cade, Asst. Public Defender, Minneapolis, for appellant.

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

OPINION

POPOVICH, Chief Judge.

Joseph Roesch appeals following a remand of his sentence from this court, 349 N.W.2d 348. The trial court issued an order consistent with our instructions. In a memorandum attached to the order, the trial court said it might change the order if a subsequent decision from the Supreme Court enabled it to do so and if it had the power. Appellant challenges this language in the memorandum and...

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