STATE v. MONTJOY

No. C8-84-661.

354 N.W.2d 567 (1984)

STATE of Minnesota, Respondent, v. Heardian Robert MONTJOY, Appellant.

Court of Appeals of Minnesota.

September 11, 1984.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Robert F. Carolan, Dakota County Atty., Mark Nathan Lystig, Asst. Dakota County Atty., Hastings, for respondent.

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

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


OPINION

CRIPPEN, Judge.

Ten months after sentencing, the term of defendant's executed sentence was increased, and he appeals. We reverse.

FACTS

In 1982, appellant was charged by complaint with aggravated robbery and kidnapping in connection with the robbery of a St. Paul jewelry store. The complaint reflected that the mandatory minimum sentence of five years imprisonment could be imposed because appellant had a prior conviction involving...

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