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STATE v. OGRIS

No. C5-86-1724.

397 N.W.2d 17 (1986)

STATE of Minnesota, Respondent, v. James Simon OGRIS, Appellant.

Court of Appeals of Minnesota.

December 16, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey III, Atty. Gen., Tom Foley, Ramsey Co. Atty. and Steven C. DeCoster, Asst. Co. Atty., St. Paul, for respondent.

C. Paul Jones, Public Defender and Susan Andrews, Minneapolis, for appellant.

Considered and decided by LESLIE, P.J., and PARKER and RANDALL, JJ., with oral argument waived.

OPINION

LESLIE, Judge.

Appellant James Ogris pleaded guilty to theft, Minn.Stat. § 609.52, subd. 2(1); subd. 3(1) (1984) and the trial court imposed a 50 percent upward departure in sentencing appellant to 39 months imprisonment. We reduce the sentence to 26 months.

FACTS

On April 10, 1986 appellant broke into a car parked at a ramp in downtown St. Paul and removed jewelry, camera equipment...

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