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STATE v. WALLNER

No. C6-83-1510.

346 N.W.2d 386 (1984)

STATE of Minnesota, Respondent, v. Sandra Jean WALLNER, Appellant,

Court of Appeals of Minnesota.

April 4, 1984.

Attorney(s) appearing for the Case

C. Paul Jones, State Public Defender, Mollie Raskind, Asst. State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Robert Carolan, Dakota County Atty., Hastings, for respondent.

Considered and decided by POPOVICH, C.J., and PARKER and LANSING, JJ., without oral argument.

OPINION

LANSING, Judge.

Defendant appeals the 65-month executed sentence imposed after a plea of guilty to the unlawful sale of a Schedule II controlled substance. In computing defendant's criminal history score, the trial court included five felony convictions that were in the process of appeal. Defendant challenged these inclusions and moved the trial court for either a delay in sentencing or a downward departure from the sentencing guidelines. The trial...

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