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STATE v. BOYNTON

No. C7-82-1053.

331 N.W.2d 926 (1983)

STATE of Minnesota, Appellant, v. Scott Bradley BOYNTON, Respondent.

Supreme Court of Minnesota.

April 22, 1983.

Attorney(s) appearing for the Case

Hubert H. Humphrey III, Atty. Gen., St. Paul, DeWayne P. Mattson, County Atty., and Raymond F. Schmitz, Asst. County Atty., Rochester, for appellant.

Dunlap, Keith, Finseth, Berndt & Sandberg and A.M. Keith, Rochester, for respondent.

Considered and decided by the court en banc without oral argument.

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 case in which the Sentencing Guidelines recommend imposition and execution of sentence. This case is a companion case to State v. Hennessy, 328 N.W.2d 442 (Minn.1983), where, on similar facts, we upheld a dispositional departure...

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