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STATE v. GOOLER

No. C9-83-1145.

344 N.W.2d 404 (1984)

STATE of Minnesota, Respondent, v. Stephen Edward GOOLER, Appellant,

Supreme Court of Minnesota.

February 24, 1984.

Attorney(s) appearing for the Case

C. Paul Jones, State Public Defender, Brian I. Rademacher, Asst. Public Defender, Minneapolis, for appellant.

Robert Johnson, County Atty., Richard A. Trachy, Asst. County Atty., Anoka, Hubert H. Humphrey III, Atty. Gen., St. Paul, for respondent.

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

AMDAHL, Chief Justice.

This is a sentencing appeal raising an issue concerning the propriety of a durational departure imposed but not executed by the sentencing court following revocation of a stay of imposition of sentence. The parties agree that the presumptive sentence for the offense (attempted burglary) by a person with defendant's criminal history score at the time of the original sentencing (zero) is 1 year and 1 day stayed. The trial court, in imposing a...

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