STATE v. HOELZEL

No. C8-00-851.

621 N.W.2d 44 (2000)

STATE of Minnesota, Appellant, v. Richard Alan HOELZEL, Respondent.

Court of Appeals of Minnesota.

December 26, 2000.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, and Amy Klobuchar, Hennepin County Attorney, Mary M. Lynch, Assistant County Attorney, Minneapolis (for appellant).

John M. Stuart, State Public Defender, Lawrence Hammerling, Deputy State Public Defender, Michael F. Cromett, Assistant State Public Defender, Minneapolis (for respondent).

Considered and decided by WILLIS, Presiding Judge, CRIPPEN, Judge, and PETERSON, Judge.


OPINION

WILLIS, Judge

The district court found appellant Richard A. Hoelzel guilty of felony burglary and gross-misdemeanor interference with a 911 call. The court stayed imposition of sentence on the gross misdemeanor count and refused to sentence on the felony count. The state appeals. Because we conclude that the district court's refusal to sentence effectively stayed adjudication of the burglary count and that the stay was not supported by "special circumstances...

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