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BOLSTAD v. STATE

No. C3-88-2259.

439 N.W.2d 50 (1989)

Albert J. BOLSTAD, Petitioner, Respondent, v. STATE of Minnesota, Appellant.

Court of Appeals of Minnesota.

May 2, 1989.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., William F. Klumpp, Jr., Asst. Atty. Gen., St. Paul, and Julius F. Gernes, Winona County Atty., Winona, for appellant.

C. Paul Jones, State Public Defender, Susan K. Maki, Asst. Public Defender, Minneapolis, for respondent.

Considered and decided by SHORT, P.J., and RANDALL and KALITOWSKI, JJ., without oral argument.

OPINION

KALITOWSKI, Judge.

The State of Minnesota appeals from a sentence imposed on respondent that excluded an uncounseled felony conviction from the sentencing guideline calculations. Respondent, on cross appeal, seeks removal of a custody status point and establishment of a lower sentence. We affirm.

FACTS

Respondent appeared in court, on a complaint charging him with two counts of welfare fraud, on August 23, 1985. At that time, the...

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