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STATE v. GILBERTSON

No. C7-90-241.

455 N.W.2d 59 (1990)

STATE of Minnesota, Respondent, v. Melvin Edwin GILBERTSON, Appellant.

Supreme Court of Minnesota.

May 7, 1990.

Attorney(s) appearing for the Case

John Stuart, State Public Defender, Mark F. Anderson, Asst. State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, State Atty. Gen., St. Paul, and Alan Mitchell, St. Louis County Atty., Duluth, for respondent.

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

SIMONETT, Justice.

Because the imposition of a long probationary jail term "may, in effect, constitute a de facto departure from the presumptive sentence established by the Sentencing Guidelines," State v. Randolph, 316 N.W.2d 508, 510 (Minn.1982), we held in State v. Wilwert, 317 N.W.2d 346, 347 (Minn.1982), that the total amount of probationary jail time a defendant may be required...

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