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STATE v. B.Y.

No. C7-01-897.

659 N.W.2d 763 (2003)

STATE of Minnesota, Respondent, v. B.Y., Petitioner, Appellant.

Supreme Court of Minnesota.

April 24, 2003.

Attorney(s) appearing for the Case

Mary M. McMahon, McMahon & Associates, Roseville, MN, for Appellant.

Mike Hatch, Minnesota Attorney General, Susan Gaertner, Ramsey County Attorney, Mark Nathan Lystig, Assistant Ramsey County Attorney, St. Paul, MN, for Respondent.

Heard, considered, and decided by the court en banc.

OPINION

GILBERT, Justice.

Appellant, B.Y., was on Extended Jurisdiction Juvenile (EJJ) probation with a stayed 108-month sentence pursuant to a plea agreement under which he pleaded guilty to kidnapping and committing a crime for the benefit of a criminal gang. In a hearing on February 22, 2001, the district court revoked appellant's EJJ designation for violating probation and, finding no mitigating factors, executed the 108-month sentence. Appellant appealed...

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