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HEADBIRD v. STATE

No. C4-85-487.

375 N.W.2d 90 (1985)

Randy HEADBIRD, Petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

Review Denied December 13, 1985.

Attorney(s) appearing for the Case

C. Paul Jones, State Public Defender, Ann Remington, Asst. State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Michael K. Jordan, Sp. Asst. Atty. Gen., St. Paul, Michael T. Milligan, Cass Co. Atty., Walker, for respondent.

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

OPINION

HUSPENI, Judge.

Appellant Randy Headbird contends that his conduct does not constitute the crime of escape from custody. Headbird also contends that the trial court erred in refusing to depart downward from the presumptive sentence under the Minnesota Sentencing Guidelines. We affirm.

FACTS

On July 7, 1981, Headbird was convicted of third degree assault in Cass County District Court. Execution of his 32-month sentence was stayed...

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