State v. Wittig

OPINION

SEDGWICK, Judge.

This is a sentencing appeal. The defendant pleaded guilty to a charge of theft by swindle of a sum in excess of $2,500 aggregating, in violation of Minn.Stat. § 609.52, subd. 2(4), subd. 3(1) and subd. 3(5). The presumptive sentence for defendant’s crime (a severity level IV offense), with defendant’s criminal history score of one, is a stayed sentence of 15 months. On July 6, 1983, the sentencing court imposed a sentence of 45 months, a triple durational departure, stayed execution for 10 years with 10 years probation; conditioned on one year in the workhouse,…