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STATE v. MYERS

No. C3-87-162.

416 N.W.2d 736 (1987)

STATE of Minnesota, Petitioner, Appellant, v. Joseph MYERS, Respondent.

Supreme Court of Minnesota.

December 24, 1987.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Robert M.A. Johnson, Anoka Co. Atty., Marcy S. Crain, Asst. Co. Atty., Anoka, for appellant.

C. Paul Jones, State Public Defender, Catherine Middlebrook, Asst. Public Defender, Minneapolis, for respondent.

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

AMDAHL, Chief Justice.

The issue on this appeal is whether the value of the property taken may be considered in determining whether or not to depart durationally from the presumptive sentence for the "physical" property offense of possessing stolen property. Holding that it may be considered, we modify the decision of the court of appeals by reinstating the sentence imposed by the trial court.

Joseph Myers was convicted of possessing stolen property valued...

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