STATE v. LARKINS

No. C8-91-825.

479 N.W.2d 69 (1991)

STATE of Minnesota, Respondent, v. Tonya Renea LARKINS, Appellant.

Court of Appeals of Minnesota.

December 24, 1991.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Michael O. Freeman, Hennepin County Atty., Linda K. Jenny, Asst. County Atty., Minneapolis, for respondent.

John M. Stuart, State Public Defender, Lawrence W. Pry, Asst. Public Defender, St. Paul, for appellant.

Considered and decided by HUSPENI, P.J., and PETERSON and FOLEY, JJ.


OPINION

HUSPENI, Judge.

Appellant challenges the upward durational and dispositional departure of her sentence for second degree burglary, and alleges the trial court erred when it based its departure on appellant's guilty plea and on elements of a dismissed charge to which appellant did not admit. We vacate the sentence and remand for imposition of presumptive guidelines sentence.

FACTS

On December 29, 1989, a fire broke out in an apartment...

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