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STATE v. SAMARZIA

No. C2-90-146.

452 N.W.2d 727 (1990)

STATE of Minnesota, Respondent, v. Shawn Aron SAMARZIA, a/k/a Richard John Mitchell, Appellant.

Court of Appeals of Minnesota.

Review Denied April 25, 1990.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Alan Mitchell, St. Louis County Atty., Charles Philip Schumacher, Asst. County Atty., Duluth, for respondent.

John M. Stuart, Public Defender, Marie L. Wolf, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by CRIPPEN, P.J., and KALITOWSKI and MULALLY, JJ.

OPINION

CRIPPEN, Judge.

Appellant Shawn Aron Samarzia challenges the trial court's imposition of a new sentence after he requested execution of the original sentence. Concluding appellant had no right to request execution of his sentence, we reinstate the original sentence.

FACTS

After a burglary in July 1989, appellant pled guilty to burglary in the second degree (Minn.Stat. § 609.582, subd. 2(d) (1988)), a felony, and giving a false...

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