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STATE v. STATEN

No. CX-86-486.

390 N.W.2d 914 (1986)

STATE of Minnesota, Appellant, v. Randolph Wilbert STATEN, Respondent.

Court of Appeals of Minnesota.

August 5, 1986.

Attorney(s) appearing for the Case

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

Kenneth E. Tilsen, St. Paul, for respondent.

Heard by NIERENGARTEN, P.J., and LANSING and HUSPENI, JJ. Considered and decided by the full court sitting en banc.

OPINION

NIERENGARTEN, Judge.

This is an appeal by the State from a sentence imposed on respondent Randolph Staten. The trial court departed downward durationally from a one year and one day presumptive sentence and imposed 90 days. Finding no substantial and compelling circumstances to justify the departure, we reverse and remand for resentencing.

FACTS

From June to August 1985 Staten wrote 76...

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