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STATE v. GARCIA

No. C4-97-1337.

582 N.W.2d 879 (1998)

STATE of Minnesota, Respondent, v. Steven Paul GARCIA, pet., Appellant.

Supreme Court of Minnesota.

July 9, 1998.

Attorney(s) appearing for the Case

Steven P. Russett, Assistant State Public Defender, St. Paul, for Appellant.

Hubert H. Humphrey III, Attorney General, St. Paul, Michael O. Freeman, Hennepin County Attorney, Michael Richardson, Assistant County Attorney, Minneapolis, for Respondent.

Heard, considered and decided by the court en banc.

OPINION

BLATZ, Chief Justice.

In this sentencing appeal, the defendant, Steven Paul Garcia, challenges the post-sentencing addition of a conditional release term to his plea-bargained sentence and seeks specific performance of the plea agreement. We hold that Garcia's original sentence, which did not contain the conditional release term required by Minn.Stat. § 609.346, subd. 5 (1996), was unauthorized and properly corrected by the district court. Further...

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