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CAREY v. STATE

No. A08-0432.

765 N.W.2d 396 (2009)

Patrick William CAREY, Petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

May 19, 2009.

Attorney(s) appearing for the Case

Lawrence Hammerling, Chief Appellate Public Defender, Michael W. Kunkel, Assistant Public Defender, St. Paul, for appellant.

Lori Swanson, Attorney General, St. Paul; and Susan Gaertner, Ramsey County Attorney, Thomas R. Ragatz, Assistant County Attorney, St. Paul, for respondent.

Considered and decided by ROSS, Presiding Judge; TOUSSAINT, Chief Judge; and JOHNSON, Judge.

OPINION

JOHNSON, Judge.

Patrick William Carey pleaded guilty to two counts of first-degree criminal sexual conduct. In a plea agreement, Carey and the state agreed that the district court would first impose an executed prison sentence for the later-occurring offense and then impose a stayed prison sentence for the earlier-occurring offense, notwithstanding section II.F. of the Minnesota Sentencing Guidelines, which provides that a district court must impose...

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