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STATE v. WENTZ

No. C9-83-853.

343 N.W.2d 667 (1984)

STATE of Minnesota, Respondent, v. Jay WENTZ, Appellant.

Supreme Court of Minnesota.

February 17, 1984.

Attorney(s) appearing for the Case

C. Paul Jones, State Public Defender by Mollie G. Raskind, Deputy State Public Defender, Minneapolis, for appellant.

R.T. Rodenberg, Brown County Atty. by Clark A. Tuttle, III, Asst. Brown County Atty., New Ulm, for respondent.

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

AMDAHL, Chief Justice.

Defendant was found guilty by a jury of a charge of theft over $150, a severity level III offense. The presumptive sentence for the offense by a person with defendant's criminal history score (four) is an executed prison term of 22 (21-23) months in prison. The trial court sentenced defendant to 22 months in prison, ordered the prison term executed, and fined defendant $500, with execution of the fine being stayed for 5 years following defendant...

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