STATE v. FRITSCHE

No. C4-86-2153.

402 N.W.2d 197 (1987)

STATE of Minnesota, Respondent, v. John FRITSCHE, Appellant.

Court of Appeals of Minnesota.

March 10, 1987.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, James R. Olson, Brown Co. Atty., New Ulm, for respondent.

C. Paul Jones, Public Defender, James M. Burseth, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by POPOVICH, C.J., and SEDGWICK and CRIPPEN, JJ., with oral argument waived.


OPINION

CRIPPEN, Judge.

This appeal questions whether the trial court properly revoked its stay of imposition of a sentence and, if so, whether its subsequent stay of an executed sentence could extend the term of court authority over appellant beyond the statutory five-year maximum sentence for his offense. We reverse on both questions.

FACTS

In March 1981, appellant violated the state...

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