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STATE v. WARREN

No. C3-87-369.

407 N.W.2d 482 (1987)

STATE of Minnesota, Respondent, v. Donald William WARREN, Appellant.

Court of Appeals of Minnesota.

Review Granted August 19, 1987.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, John C. Hoffman, Mille Lacs Co. Atty., Walter M. Kaminsky, Asst. Co. Atty., Milaca, for respondent.

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

Considered and decided by POPOVICH, C.J., and WOZNIAK and LESLIE, JJ., with oral argument waived.

OPINION

LESLIE, Judge.

Donald William Warren appeals his sentence on conviction for criminal sexual conduct in the first degree. Appellant challenges the use of his criminal history score, claiming a misdemeanor conviction necessary for the assessment of an additional misdemeanor point should not have been considered because the record of that case did not establish a factual basis supporting the entered guilty plea. We reverse and remand.

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