State v. Martin

Court of Appeals of Minnesota

State v. Martin

387 N.W.2d 476, 1986 Minn. App. LEXIS 4370

CourtCourt of Appeals of Minnesota

DecidedMay 27, 1986

DocketNo. C9-86-415

StatusPublished

This text of 387 N.W.2d 476 (State v. Martin) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Martin, 387 N.W.2d 476, 1986 Minn. App. LEXIS 4370 (Mich. Ct. App. 1986).

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Opinion

MEMORANDUM OPINION

NIERENGARTEN, Judge.

Appellant Jean Martin pleaded guilty to two counts of theft and four counts of aggravated forgery stemming from her actions in passing bad checks.

The trial court stayed imposition on the theft charges and placed Martin on probation for five years. The trial court also stayed imposition on three of the aggravated forgery charges and placed Martin on 10 years probation. On the final aggravated forgery count the trial court sentenced Martin to an executed term of 19 months, based on a severity level I offense and a criminal history score 6, generated under the Hernandez method. Martin requested that the other probationary sentences be imposed and executed to assure concurrency in sentencing, but the trial court refused the request on the ground that a defendant given a stay of imposition is not entitled to demand execution of sentence to assure concurrency with other executed sentences. The State did not file a brief and we proceeded pursuant to Minn.R.Civ.App.P. 142.-03.

DECISION

Martin’s request to execute the stayed sentences should have been granted. State v. Milbrad, 355 N.W.2d 706 (Minn.1984); State v. Randolph, 316 N.W.2d 508 (Minn.1982); State v. Wesenberg, 348 N.W.2d 117 (Minn.Ct.App.1984). There is no logical reason why Randolph does not apply to a defendant’s right to refuse probation when the defendant has been granted a stay of imposition but does apply when a defendant has been granted a stay of execution.

Reversed and remanded.

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MEMORANDUM OPINION

NIERENGARTEN, Judge.

Appellant Jean Martin pleaded guilty to two counts of theft and four counts of aggravated forgery stemming from her actions in passing bad checks.

The trial court stayed imposition on the theft charges and placed Martin on probation for five years. The trial court also stayed imposition on three of the aggravated forgery charges and placed Martin on 10 years probation. On the final aggravated forgery count the trial court sentenced Martin to an executed term of 19 months, based on a severity level I offense and a criminal history score 6, generated under the Hernandez method. Martin requested that the other probationary sentences be imposed and executed to assure concurrency in sentencing, but the trial court refused the request on the ground that a defendant given a stay of imposition is not entitled to demand execution of sentence to assure concurrency with other executed sentences. The State did not file a brief and we proceeded pursuant to Minn.R.Civ.App.P. 142.-03.

DECISION

Martin’s request to execute the stayed sentences should have been granted. State v. Milbrad, 355 N.W.2d 706 (Minn.1984); State v. Randolph, 316 N.W.2d 508 (Minn.1982); State v. Wesenberg, 348 N.W.2d 117 (Minn.Ct.App.1984). There is no logical reason why Randolph does not apply to a defendant’s right to refuse probation when the defendant has been granted a stay of imposition but does apply when a defendant has been granted a stay of execution.

Reversed and remanded.

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Bluebook (online)

387 N.W.2d 476, 1986 Minn. App. LEXIS 4370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-martin-minnctapp-1986.

Opinion

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