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STATE v. MORTLAND

No. C7-86-543.

399 N.W.2d 92 (1987)

STATE of Minnesota, Petitioner, Appellant, v. Craig Scott MORTLAND, Respondent.

Supreme Court of Minnesota.

Rehearing Denied February 11, 1987.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin Co. Atty., Vernon F. Bergstrom, Chief, Appellate Section, Paul R. Jennings, Asst. Co. Atty., Minneapolis, for appellant.

C. Paul Jones, State Public Defender, Michael F. Cromett, Asst. State Public Defender, Minneapolis, for respondent.

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

OPINION

AMDAHL, Chief Justice.

We granted the state's petition for review of the Court of Appeals' decision in State v. Mortland, 395 N.W.2d 469 (Minn. Ct.App.1986), which reduced defendant Mortland's sentence from 300 months to 237 months. Concluding that the trial court was justified in imposing a 300-month sentence and that the Court of Appeals erred in reducing it, we reinstate the 300-month sentence.

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