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STATE v. FIELDS

No. C8-87-1100.

416 N.W.2d 734 (1987)

STATE of Minnesota, Respondent, v. O'Darius Marcus FIELDS, petitioner, Appellant.

Supreme Court of Minnesota.

December 18, 1987.

Attorney(s) appearing for the Case

C. Paul Jones, Minnesota State Public Defender, Melissa Sheridan, Minneapolis, for appellant.

Hubert H. Humphrey, III, State Atty. Gen., St. Paul, Tom Foley, Ramsey Co. Atty., St. Paul, for respondent.

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

OPINION

AMDAHL, Chief Justice.

The issue on this appeal is whether defendant, O'Darius Marcus Fields, properly challenged an upward durational departure from the presumptive sentence by moving for a modification of the sentence at the hearing on the revocation of the stay of execution of sentence and then appealing from the denial of the motion. The court of appeals, in refusing to decide the validity of the departure, held that in order to get the sentencing...

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