STATE v. WALKER

No. C7-84-201.

351 N.W.2d 679 (1984)

STATE of Minnesota, Respondent, v. Patrick WALKER, Appellant,

Court of Appeals of Minnesota.

July 24, 1984.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Mary C.L. Cade Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Janet Newberg, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Considered and decided by POPOVICH, C.J., and NIERENGARTEN and RANDALL, JJ., with oral argument waived.


OPINION

POPOVICH, Chief Judge.

This is a sentencing appeal. The sole question is the determination of appellant's criminal history score. Appellant pleaded guilty to theft and was originally sentenced to the custody of the Commissioner of Corrections for 23 months. Appellant contends his criminal history score is four rather than five and he should be sentenced accordingly. We agree and order the sentence reduced to 20 months.

FACTS

Appellant...

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