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STATE v. ROHDA

No. C8-83-701.

358 N.W.2d 39 (1984)

STATE of Minnesota, Respondent, v. Richard ROHDA, Appellant.

Supreme Court of Minnesota.

November 2, 1984.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Susan A. Maki, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin County Atty., Vernon E. Bergstrom, Richard Osborne, J. Michael Richardson, Beverly J. Wolfe, Paul R. Jennings, Asst. County Attys., Minneapolis, for respondent.

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

AMDAHL, Chief Justice.

This appeal from a judgment of conviction raises a sentencing issue. Specifically, we must decide whether the trial court erred in ordering defendant's 76-month sentence to run consecutively to a previously-imposed 15-month sentence for burglary which was ordered executed on the same day that the 76-month sentence was imposed. We remand for resentencing.

On September 9, 1982, defendant and an accomplice took a young woman to a secluded...

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