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STATE v. ESPARZA

No. C8-85-170.

367 N.W.2d 619 (1985)

STATE of Minnesota, Appellant, v. Douglas Bruce ESPARZA, Respondent.

Court of Appeals of Minnesota.

May 14, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Thomas Foley, Ramsey Co. Atty., Steven C. DeCoster, Asst. Co. Atty., St. Paul, for appellant.

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

Considered and decided by RANDALL, P.J., and SEDGWICK, and HUSPENI, JJ., with oral argument waived.

OPINION

HUSPENI, Judge.

This is an appeal by the state from the trial court's downward departure of defendant's sentence, based on defense counsel's mistaken interpretation of the appropriate guidelines sentence and communication of that misinterpretation to defendant. We vacate the sentence and remand for resentencing.

FACTS

Defendant Douglas Bruce Esparza was convicted of attempted second degree murder and two counts of second degree...

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