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STATE v. HATTON

No. CX-87-210.

409 N.W.2d 854 (1987)

STATE of Minnesota, Respondent, v. Mark Lamont HATTON, Appellant.

Supreme Court of Minnesota.

August 14, 1987.

Attorney(s) appearing for the Case

C. Paul Jones, Minnesota State Public Defender, Mark F. Anderson, Asst. State Public Defender, Minneapolis, for respondent.

Hubert H. Humphrey, III, State Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin Co. Atty., Vernon E. Bergstrom, Chief, Appellate Section, Beverly J. Wolfe, Asst. Co. Atty., Minneapolis, for appellant.

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 a decision of the court of appeals reducing the sentence of defendant Mark Lamont Hatton. The issue concerns the limitations on the trial court in resentencing a defendant after the trial court learns that the defendant's correct criminal history score is lower than originally thought.

The facts are these. The principal victim, B., went to an after-hours party with...

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