Legal Opinion

State v. Stutelberg

Court of Appeals of Minnesota

Decided February 21, 1989No. C1-88-1692PublishedCited by 14 opinions

1Opinion of the Court

OPINION

HUSPENI, Judge.

Appellant Mark Alan Stutelberg seeks review of the trial court’s denial of his motion for postconviction relief under Minn.R.Crim.P. 27.03, subd. 9. The trial court left intact the original sentence which was based on a criminal history score which counted an Arizona marijuana possession conviction as a felony. We reverse and remand for modification of sentence.

FACTS

Appellant was indicted, tried and convicted of murder in the third degree in Henne-pin County in 1981. With a criminal history score computed to be 4, he received a presumptive sentence of 176 months. One…

2Cases cited20 opinions

  1. State v. KnafflaSupreme Court of Minnesota · 1976
  2. Ekberg v. United StatesCourt of Appeals for the First Circuit · 1948
  3. Case v. StateSupreme Court of Minnesota · 1985
  4. State v. MurphyArizona Supreme Court · 1977
  5. State v. MarquettiSupreme Court of Minnesota · 1982

15 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Powers v. StateSupreme Court of Minnesota · 2007
  2. Washington v. StateCourt of Appeals of Minnesota · 2014
  3. Anderson v. StateCourt of Appeals of Minnesota · 2011
  4. State v. CookCourt of Appeals of Minnesota · 2000
  5. State v. ScottCourt of Appeals of Minnesota · 1995

9 more not listed; retrieve them via the Exa API.

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