STATE v. McGEE

No. CO-83-529.

347 N.W.2d 802 (1984)

STATE of Minnesota, Respondent, v. Carl R. McGEE, Appellant.

Supreme Court of Minnesota.

April 27, 1984.


Attorney(s) appearing for the Case

William Kennedy, Hennepin County Public Defender, James P. Reynolds, Asst. Public Defender, Minneapolis, for appellant.

Thomas Johnson, Hennepin County Atty., Vern Bergstrom, Asst. County Atty., Minneapolis, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Janet Anderson, Sp. Asst. Atty. Gen., St. Paul, amicus curiae.

C. Paul Jones, Public Defender, Minneapolis, amicus curiae.

Tom Foley, Ramsey County Atty., Steven C. Decoster, Asst. County Atty., St. Paul, amicus curiae.

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


AMDAHL, Chief Justice.

This is an appeal by a defendant convicted, after jury trial, of criminal negligence resulting in death, Minn.Stat. § 609.21 (1982), from a sentence imposed by the trial court. The trial court computed defendant's criminal history score as being five. The presumptive sentence for the offense in question, a severity level V offense, by a person with a criminal history score of five is 46 (43-49...

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