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STATE v. OLSON

No. C7-85-967.

372 N.W.2d 812 (1985)

STATE of Minnesota, Respondent, v. Donald Duane OLSON, Appellant.

Court of Appeals of Minnesota.

August 20, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, State Atty. Gen., Paul R. Kempainen, Sp. Asst. Atty. Gen., St. Paul, Martin Berg, Roseau County Atty., Roseau, for respondent.

C. Paul Jones, State Public Defender, Steven P. Russett, Asst. State Public Defender, Minneapolis, for appellant.

Considered and decided by POPOVICH, C.J., and FOLEY and LESLIE, JJ., with oral argument waived.

SUMMARY OPINION

FOLEY, Judge.

FACTS

Appellant Donald Duane Olson pleaded guilty to possession of over 1.5 ounces of marijuana. He was sentenced to prison for 17 months. The presumptive sentence, based on a severity level I offense and criminal history score of 5, was 17 months, execution stayed. Appellant subsequently moved to reduce the sentence to 13 months, arguing his criminal history score was 3 but that the sentencing court erroneously included...

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