STATE v. JOHNSON

No. A06-2166.

743 N.W.2d 622 (2008)

STATE of Minnesota, Respondent, v. Jeffrey Scott JOHNSON, Appellant.

Court of Appeals of Minnesota.

January 15, 2008.


Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN; and Michael A. Fahey, Carver County Attorney, Stuart N. Radde, Special Assistant County Attorney, Chaska, MN, for respondent.

John M. Stuart, State Public Defender, Cathryn Middlebrook, Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by RANDALL, Presiding Judge; KALITOWSKI, Judge; and HUDSON, Judge.


OPINION

HUDSON, Judge.

In this appeal from an order revoking probation imposed for appellant's 2001 conviction of first-degree assault, appellant argues that the district court erred in revoking his probation because the district court based its decision on its belief that Minn.Stat. § 609.135, subd. 4 (2006), precluded it from sentencing appellant to additional jail time when appellant had already served more than a year of probationary jail time....

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