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STATE v. SCHMIDT

No. C2-84-1451.

357 N.W.2d 357 (1984)

STATE of Minnesota, Respondent, v. Randy C. SCHMIDT, Appellant.

Court of Appeals of Minnesota.

Review Denied February 5, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, W.M. Gustafson, Nicollet County Atty., St. Peter, for respondent.

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

Considered and decided by POPOVICH, C.J., and HUSPENI and FORSBERG, JJ., with oral argument waived.

OPINION

FORSBERG, Judge.

Appellant appeals from a post-conviction order denying his request for execution of his stayed 25 month sentence and vacation of the probation requirement for restitution. The court modified the 20 year probationary sentence to commence on the date of the original sentence and the duration of the stayed sentence from 25 months to one year and one day. The court declined to order execution of the sentence. We reverse.

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