State v. Boynton

Supreme Court of Minnesota

State v. Boynton

331 N.W.2d 926, 1983 Minn. LEXIS 1126

Supreme Court of Minnesota·Decided April 22, 1983·No. No. C7-82-1053·Published

Opinion

AMDAHL, Chief Justice.

This is an appeal by the state, pursuant to Minn.Stat. § 244.11 (1982), from a sentencing departure by the district court in the form of a stay of imposition of sentence in a ease in which the Sentencing Guidelines recommend imposition and execution of sentence. This ease is a companion case to State v. Hennessy, 328 N.W.2d 442 (Minn.1983), where, on similar facts, we upheld a dispositional departure by the same judge with respect to defendant’s accomplice. That case controls, and we affirm.

Affirmed.

KELLEY, J., took no part in the consideration or decision of this case.

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AMDAHL, Chief Justice.

This is an appeal by the state, pursuant to Minn.Stat. § 244.11 (1982), from a sentencing departure by the district court in the form of a stay of imposition of sentence in a ease in which the Sentencing Guidelines recommend imposition and execution of sentence. This ease is a companion case to State v. Hennessy, 328 N.W.2d 442 (Minn.1983), where, on similar facts, we upheld a dispositional departure by the same judge with respect to defendant’s accomplice. That case controls, and we affirm.

Affirmed.

KELLEY, J., took no part in the consideration or decision of this case.

State v. Boynton, 331 N.W.2d 926, 1983 Minn. LEXIS 1126 (Mich. 1983).

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Opinion

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