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STATE v. BOOTH

No. C4-84-1290.

357 N.W.2d 406 (1984)

STATE of Minnesota, Respondent, v. James Allen BOOTH, Appellant.

Court of Appeals of Minnesota.

November 13, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Thomas Foley, Ramsey County Atty., Steven C. DeCoster, Asst. Ramsey County Atty., St. Paul, for respondent.

C. Paul Jones, State Public Defender, Heidi H. Crissey, Asst. Public Defender, Minneapolis, for appellant.

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

SUMMARY OPINION

FORSBERG, Judge.

FACTS

Appellant was charged with burglary and theft for his participation in stealing various items from an auto parts store in St. Paul. Under a plea agreement, appellant pleaded guilty to attempted theft and the State dismissed burglary and theft charges. Appellant was sentenced to 18 months in prison, a six-month upward durational departure, and ordered to pay $50 restitution.

DECISION

The trial...

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