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STATE v. MONTGOMERY

No. C5-84-2240.

363 N.W.2d 869 (1985)

STATE of Minnesota, Respondent, v. Anthony J. MONTGOMERY, a.k.a. Cole Hamilton, Appellant.

Court of Appeals of Minnesota.

March 12, 1985.

Attorney(s) appearing for the Case

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

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

Considered and decided by POPOVICH, C.J., and WOZNIAK and SEDGWICK, JJ., with oral argument waived.

SUMMARY OPINION

SEDGWICK, Judge.

FACTS

Appellant pleaded guilty to second degree felony murder, Minn.Stat. § 609.19(2) (1982), for stabbing Edward Murray to death on April 22, 1984. Appellant was sentenced to 102 months in prison, the low end of the presumptive sentence under the Minnesota Sentencing Guidelines for second degree felony murder (102-108) based on a severity level IX offense and criminal history score of 0. On appeal he maintains...

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