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STATE v. LAIRD

No. C0-82-1136.

365 N.W.2d 249 (1985)

STATE of Minnesota, Respondent, v. Richard W. LAIRD, Appellant.

Supreme Court of Minnesota.

Rehearing Denied April 26, 1985.

Attorney(s) appearing for the Case

Jack S. Nordby, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., J. Michael Richardson, Beverly J. Wolfe, Paul R. Jennings, Ann E. Peek, Asst. County Attys., Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.

SIMONETT, Justice.

Defendant was charged with arson in the second degree, Minn.Stat. § 609.562 (1982), for intentionally setting fire to and thereby destroying his unoccupied residence on the afternoon of July 12, 1981. The first trial ended in a hung jury. The second jury found him guilty as charged. The trial court sentenced him to a stayed 21-month prison term, which is the presumptive sentence for the offense (severity level VI) by a person with defendant...

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