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STATE v. RUBIN

No. C2-87-119.

409 N.W.2d 504 (1987)

STATE of Minnesota, Respondent, v. Wayne C. RUBIN, petitioner, Appellant.

Supreme Court of Minnesota.

July 31, 1987.

Attorney(s) appearing for the Case

C. Paul Jones, Minnesota State Public Defender, Marie Wolf, Asst. State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Minnesota Atty. Gen., Paul P. Kempainen, Sp. Asst. Atty. Gen., Jean Kelly, Law Clerk, St. Paul, for respondent.

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

OPINION

AMDAHL, Chief Justice.

We granted the petition of defendant Wayne C. Rubin for review of a decision of the court of appeals affirming his sentence to a 41-month prison term for burglary in the third degree. State v. Rubin, 404 N.W.2d 13 (Minn.App.1987), petition for review granted (Minn.1987). This is the presumptive sentence under the Sentencing Guidelines based on defendant's having a criminal history...

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