STATE v. ROGERS

No. C3-84-177.

347 N.W.2d 551 (1984)

STATE of Minnesota, Respondent, v. Perlina ROGERS, Appellant.

Court of Appeals of Minnesota.

May 8, 1984.


Attorney(s) appearing for the Case

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

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin County Atty., Beverly J. Wolfe, Asst. Hennepin County Atty., Minneapolis, for respondent.

Considered and decided by WOZNIAK, P.J., and HUSPENI and NIERENGARTEN, JJ., with oral argument waived.


OPINION

NIERENGARTEN, Judge.

This is an appeal by defendant Perlina Rogers from a sentencing court denial of an 18 month reduction of a 54 month presumptive sentence, Rogers contending she was automatically entitled to such reduction under Minn.Stat. § 244.09, subd. 11. We remand for resentencing.

FACTS

On July 30, 1981, appellant Rogers fired several rounds from a rifle at 3 individuals and, a short time later, pointed the rifle at...

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