State v. Oka
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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.
(as of 9/30/2026)
Last cited by a Minnesota appellate court in 1987, among the opinions in this site’s citation index. Amendment history from the Minnesota Revisor of Statutes. A later amendment does not necessarily affect this decision's analysis — check the current statute text.Cites Minnesota statutes amended since this decision
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Minnesota statutes cited
Sections of the Minnesota Statutes this opinion cites.
Cases that cite this one
2 later published cases cite this decision.
- State v. Swanson (Minn. Ct. App. 1987)
- State v. Stoffel (Minn. 1986)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Defendant was charged in Ramsey County with one count of felony theft by wrongfully obtaining assistance (AFDC and medical assistance) in an amount over $2,500 and one count of felony theft by wrongfully obtaining assistance (food stamps) in an amount over $150, Minn.Stat. §§ 256.98, 393.07, subd. 10(a), and 609.52, subd. 3(1) and (2) (1982). The charges covered the period from January 1, 1979 through June 30, 1982. Defendant waived her right to a jury trial and was found guilty by the trial court of both charges. The court sentenced her to 1 year and 1 day in prison but stayed execution for 3 years, with probation conditioned on defendant’s making restitution of at least $2,055. On appeal, defendant seeks (1) an outright reversal of her convictions because the state failed to prove that she intentionally concealed a material fact or knew she was not entitled to the assistance she received or (2) a substitution of a stay of imposition for the stay of execution. There is no merit to either contention. (1) The state’s evidence established (a) a pattern of intentional concealment by defendant from welfare officials of information that was relevant to a determination of her eligibility for benefits and (b) that as a result of the concealment of this information defendant received benefits which she knew she was not entitled to receive. (2) The sentencing court had the option of using either a stay of imposition or a stay of execution of sentence. Minnesota Sentencing Guidelines & Commentary III.A.l. and III.A.101. (1982); State v. Cizl, 304 N.W.2d 632 (Minn. 1981). There is no compelling reason why we should interfere with the trial court’s choice of a stay of execution rather than a stay of imposition. State v. Kindem, 313 N.W.2d 6 (Minn. 1981).
Affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.