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STATE v. ORNELAS

No. C4-02-1693.

675 N.W.2d 74 (2004)

STATE of Minnesota, Respondent, v. Francisco ORNELAS, Appellant.

Supreme Court of Minnesota.

February 26, 2004.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Michael F. Cromett, Assistant State Public Defender, Office of the State Public Defender, Minneapolis, MN, for Appellant.

Mike Hatch, Attorney General, Kelly O'Neill Moller, Assistant Attorney General, St. Paul, MN, Earl E. Maus, Cass County Attorney, Walker, MN, for Respondent.

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

OPINION

PAGE, Justice.

Appellant Francisco Ornelas challenges the revocation of his probation on a 1994 third-degree criminal sexual conduct conviction. Ornelas's probation was revoked for having unsupervised contact with a minor. The question presented is whether the district court abused its discretion when it revoked Ornelas's probation and executed the 48-month prison sentence imposed but stayed at the time of the conviction. A divided court of appeals...

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