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STATE v. CURTISS

No. C7-84-1056.

353 N.W.2d 262 (1984)

STATE of Minnesota, Respondent, v. Christopher Paul CURTISS, Appellant.

Court of Appeals of Minnesota.

August 21, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III State Atty. Gen., St. Paul, R. Kathleen Morris, Scott County Atty., Patricia M. Buss Asst. Scott County Atty., Shakopee, for respondent.

C. Paul Jones, Minnesota State Public Defender, Susan K. Maki Asst. State Public Defender, Minneapolis, for appellant.

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

OPINION

CRIPPEN, Judge.

Appellant Christopher Paul Curtiss was sentenced to 33 months in prison after pleading guilty to burglary. This sentence was at the lower end of the presumptive sentence under the Minnesota Sentencing Guidelines. On appeal he claims the trial court erred in not departing downward durationally. We remand.

FACTS

While on probation, appellant entered a breezeway attached to a house and removed a case of beer. He was...

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