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STATE v. GOFF

No. C3-86-2130.

418 N.W.2d 169 (1988)

STATE of Minnesota, Petitioner, Appellant, v. Donald Ray GOFF, Respondent.

Supreme Court of Minnesota.

January 22, 1988.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Michael L. Kirk, Otter Tail Co. Atty., Fergus Falls, for appellant.

C. Paul Jones, Public Defender, Susan K. Maki, Asst. Public Defender, Minneapolis, for respondent.

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

COYNE, Justice.

In State v. Edmison, 379 N.W.2d 85, 86 (Minn.1985), we held that "if a criminal defendant properly raises the issue, * * * then the sentencing court may not use a prior misdemeanor conviction in computing the presumptive sentence under the Sentencing Guidelines for the current offense unless the state proves that the prior conviction was not obtained in violation of the defendant's right to counsel." We now...

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