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STATE v. ROULAND

No. A04-620.

685 N.W.2d 706 (2004)

STATE of Minnesota, Respondent, v. Jerad Brent ROULAND, Appellant.

Court of Appeals of Minnesota.

August 31, 2004.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; Gregory Alan Widseth, Polk County Attorney, Scott A. Buhler, Assistant Polk County Attorney, Crookston, MN; and Kip O. Fontaine, Clearwater County Attorney, MN, for respondent.

John M. Stuart, State Public Defender, G. Tony Atwal, Assistant State Public Defender, Minneapolis, MN, for appellant.

Considered and decided by LANSING, Presiding Judge; HARTEN, Judge; and SHUMAKER, Judge.

OPINION

GORDON W. SHUMAKER, Judge.

Appellant was on probation for a gross-misdemeanor driving while under the influence of alcohol conviction when he committed various felonies. In sentencing the felonies, the district court added a custody point to appellant's criminal history score for the probation custody status. Relying on a comment to the sentencing guidelines, appellant contends that the court erred by adding a custody point for probation for a non...

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