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STATE v. MALINSKI

No. C6-84-982.

353 N.W.2d 207 (1984)

STATE of Minnesota, Appellant, v. Arthur Robert MALINSKI, a/k/a Benjamin Robert Molinski, Benjamin Robert Malinski, and Arthur R. Malenski, Respondent.

Court of Appeals of Minnesota.

Review Denied October 16, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Jan Craig Nelson, Redwood County Atty., Redwood Falls, for appellant.

C. Paul Jones, Minn. State Public Defender, Mark F. Anderson, Asst. State Public Defender, Minneapolis, for respondent.

Considered and decided by POPOVICH, C.J. and PARKER, and CRIPPEN, JJ., with oral argument waived.

OPINION

CRIPPEN, Judge.

This is an appeal by the state from a dispositional departure by the trial court in the form of a stay of execution of sentence when the Minn. Sentencing Guidelines prescribe execution of sentence. The state also contends the trial court erred in not departing upward from the presumptive durational sentence. We affirm.

FACTS

From October 22, 1983 to December 22, 1983, respondent Arthur Robert Malinski, age 27, used...

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