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STATE v. SCHOLBERG

No. C8-86-115.

393 N.W.2d 247 (1986)

STATE of Minnesota, Respondent, v. Andrew SCHOLBERG, Appellant.

Court of Appeals of Minnesota.

September 16, 1986.

Attorney(s) appearing for the Case

Thomas W. Strahan, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Robert J. Alfton, Minneapolis City Atty., Peter W. Ginder, Asst. City Atty., Patrick W. Ledray, Minneapolis, for respondent.

Heard, considered and decided by FOLEY, P.J., and HUSPENI and CRIPPEN, JJ.

OPINION

CRIPPEN, Judge.

This appeal challenges a trial court decision to order appellant jailed in revocation proceedings based solely on the occurrence of a new accusation. We reverse and remand.

FACTS

On December 21, 1984, appellant was convicted and sentenced for a violation of the misdemeanor trespass law, Minn.Stat. § 609.605(5) (1984). He was sentenced to 60 days incarceration, plus either 20 more days or a $200 fine, but the...

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