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STATE v. NIEMCZYK

No. C9-86-2133.

400 N.W.2d 401 (1987)

STATE of Minnesota, Respondent, v. James William NIEMCZYK, Appellant.

Court of Appeals of Minnesota.

February 10, 1987.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Robert W. Kelly, Washington Co. Atty., Robert J. Molstad, Asst. Co. Atty., Stillwater, for the State.

Ann M. Tanke, St. Paul, for appellant.

Considered and decided by PARKER, P.J., and HUSPENI and FORSBERG, JJ., with oral argument waived.

OPINION

FORSBERG, Judge.

This appeal is from a stayed sentence for attempted burglary. The trial court stayed the imposition of sentence and placed appellant James Niemczyk on probation for five years and required him to serve 60 days in the county jail as a condition of probation. We affirm in part and remand in part.

FACTS

Niemczyk was charged with attempted burglary and possession of a burglary tool. After withdrawing a guilty plea,...

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