STATE v. SHEPPARD

No. C2-98-1086.

587 N.W.2d 53 (1998)

STATE of Minnesota, Appellant, v. James David SHEPPARD, Respondent.

Court of Appeals of Minnesota.

Review Denied January 27, 1999.


Attorney(s) appearing for the Case

Hubert H. Humphrey III, Attorney General, St. Paul, MN; and Michael O. Freeman, Hennepin County Attorney, J. Michael Richardson, Assistant County Attorney, Minneapolis, MN (for appellant).

William E. McGee, Chief Public Defender Fourth District, Peter W. Gorman, Assistant Public Defender, Minneapolis, MN (for respondent).

Considered and decided by TOUSSSAINT, C.J., and ANDERSON and HOLTAN, JJ.


OPINION

G. BARRY ANDERSON, Judge.

This is a sentencing appeal. The state contends the district court improperly stayed execution of a mandatory-minimum sentence for respondent's felon-in-possession of a firearm conviction. We reverse and remand for resentencing consistent with this opinion.

FACTS

On June 1, 1997, Minneapolis police officers responded to several loud music complaints at respondent James David Sheppard's apartment. On the...

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