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STATE v. TURCK

No. A06-846.

728 N.W.2d 544 (2007)

STATE of Minnesota, Appellant, v. Kevin Donald TURCK, Respondent.

Court of Appeals of Minnesota.

March 20, 2007.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN; and James C. Backstrom, Dakota County Attorney, Vance B. Grannis, III, Assistant County Attorney, Dakota County Judicial Center, Hastings, MN, for appellant.

John M. Stuart, State Public Defender, Philip Marron, Assistant Public Defender, Minneapolis, MN, for respondent.

Considered and decided by KALITOWSKI, Presiding Judge; HALBROOKS, Judge; and ROSS, Judge.

OPINION

HALBROOKS, Judge.

On appeal from the district court's decision to stay execution of respondent's sentence and place him on probation, appellant State of Minnesota argues that the district court erred by failing to impose the mandatory-minimum sentence required under Minn.Stat. § 152.023, subd. 3(b) (2004). Because we conclude that the district court erred, we reverse and remand for resentencing.

FACTS

Respondent Kevin Donald...

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