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STATE v. STUTELBERG

No. C1-88-1692.

435 N.W.2d 632 (1989)

STATE of Minnesota, Respondent, v. Mark Alan STUTELBERG, Appellant.

Court of Appeals of Minnesota.

February 21, 1989.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Minnesota Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin Co. Atty., Vernon E. Bergstrom, Chief, Appellate Section, Michael Richardson, Asst. Co. Atty., Minneapolis, for respondent.

Douglas W. Thomson, Thomson & Ellis, Ltd., St. Paul, for appellant.

Heard, considered and decided by NORTON, P.J., and HUSPENI and NIERENGARTEN, JJ.

OPINION

HUSPENI, Judge.

Appellant Mark Alan Stutelberg seeks review of the trial court's denial of his motion for postconviction relief under Minn.R.Crim.P. 27.03, subd. 9. The trial court left intact the original sentence which was based on a criminal history score which counted an Arizona marijuana possession conviction as a felony. We reverse and remand for modification of sentence.

FACTS

Appellant was indicted, tried and convicted of...

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