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STATE v. MOOT

No. C2-86-1227.

398 N.W.2d 21 (1986)

STATE of Minnesota, Respondent, v. James M. MOOT, Appellant.

Court of Appeals of Minnesota.

Review Denied February 13, 1987.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Minnesota Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin Co. Atty., Vernon E. Bergstrom, Chief, Appellate Section, Minneapolis, for respondent.

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

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

OPINION

SEDGWICK, Judge.

James Moot appeals from an order vacating a stay of execution of his 38-month sentence for burglary. He contends the trial court abused its discretion by revoking his probation. We affirm.

FACTS

On January 11, 1985, appellant was charged with second degree burglary for breaking into a Minnetonka residence and taking several items. He pleaded guilty to that charge and the trial court stayed execution of the presumptive...

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