STATE v. McELDERRY

No. CX-88-122.

422 N.W.2d 23 (1988)

STATE of Minnesota, Respondent, v. Charles Emil McELDERRY, Appellant.

Court of Appeals of Minnesota.

April 12, 1988.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Alan L. Mitchell, St. Louis Co. Atty., John E. DeSanto, Asst. Co. Atty., Duluth, respondent.

C. Paul Jones, State Public Defender, Susan Andrews, Asst. Public Defender, St. Paul, appellant.

Heard, considered and decided by NIERENGARTEN, P.J., and LANSING and SCHUMACHER, JJ.


OPINION

LANSING, Judge.

After serving over 11 months at the Northeast Regional Correctional Center (NERCC) under conditions of probation, Charles McElderry moved for execution of his stayed sentences. He appeals denial of that motion.

FACTS

In May 1986, appellant Charles McElderry was charged with the theft of several newspaper vending machines. On July 29, 1986, while he was on supervised release pending trial on the theft charge, he and...

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