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STATE v. LAMBERT

No. C9-85-2381.

392 N.W.2d 242 (1986)

STATE of Minnesota, petitioner, Appellant, v. Jean LAMBERT, Respondent.

Supreme Court of Minnesota.

Rehearing Denied September 29, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty Gen., St. Paul, David T. Magnuson, Ann L. Dieperink, Stillwater, for appellant.

Samuel A. McCloud, Dean S. Grau, Minneapolis, for respondent.

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

OPINION

AMDAHL, Chief Justice.

We granted the petition of the state for review of the decision of the Court of Appeals ruling that, absent legislative authorization, trial courts may not adopt local sentencing guidelines for misdemeanor and gross misdemeanor cases. Reversing, we hold that legislation is not needed for trial courts to adopt advisory nonbinding guidelines for such cases.

At 1:10 a.m. on Sunday, May 26, 1985, Jean Lambert was arrested...

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