State v. Nelson

AMDAHL, Chief Justice.

This is an appeal by the state, pursuant to Minn.Stat. § 244.11 (1982), from a downward durational sentencing departure by the sentencing judge, who imposed an executed prison term of 1 year and 1 day in a case where the presumptive sentence established by the Minnesota Sentencing Guidelines is an executed term of 27 (25-29) months in prison.

On July 22 and July 30, 1981, defendant sold cocaine to undercover agents in Henne-pin County, and on July 31 he sold cocaine to the same agents in Ramsey County. Defendant’s arrest was delayed until October 28 because the undercover…