Minnesota Supreme Court, 1983

State v. Boynton

Minnesota Supreme Court · Decided April 22, 1983 · Amdahl, Consideration, Kelley, Took

331 N.W.2d 926; 1983 Minn. LEXIS 1126 (North Western Reporter, Second Series)

Counsel

Hubert H. Humphrey III, Atty. Gen., St. Paul, DeWayne P. Mattson, County Atty., and Raymond P. Schmitz, Asst. County Atty., Rochester, for appellant., Dunlap, Keith, Finseth, Berndt & Sand-berg and A.M. Keith, Rochester, for respondent.

Minnesota statutes cited

Sections of the Minnesota Statutes this opinion cites.

Minn. Stat. § 244.11

Opinion of the Court

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 ease in which the Sentencing Guidelines recommend imposition and execution of sentence. This ease is a companion case to State v. Hennessy, 328 N.W.2d 442 (Minn. 1983), where, on similar facts, we upheld a dispositional departure by the same judge with respect to defendant’s accomplice. That case controls, and we affirm.

Affirmed.

KELLEY, J., took no part in the consideration or decision of this case.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.