STATE v. WALL

No. C6-83-941.

343 N.W.2d 22 (1984)

STATE of Minnesota, Respondent, v. Marvin William WALL, Appellant.

Supreme Court of Minnesota.

January 20, 1984.


Attorney(s) appearing for the Case

C. Paul Jones, State Public Defender, by Mark F. Anderson, Asst. State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas J. Reif, Douglas County Atty., Alexandria, for respondent.

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


AMDAHL, Chief Justice.

This is a sentencing appeal in which the defendant contends that the trial court erred in departing durationally from the presumptive sentence. We agree and reduce defendant's sentence to the maximum sentence that could have been imposed without departure, in this case 121 months.

Defendant was charged by indictment with first-degree murder in the strangling death of his wife. He was permitted to plead guilty to the lesser included offense...

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