State v. Rean

OPINION

HUSPENI, Judge.

This appeal is from a judgment of conviction for second degree burglary, Minn.Stat. § 609.582, subd. 2(d) (1986) (burglary with a tool). Appellant Richard Rex Rean was sentenced to 45 months, the presumptive guidelines sentence. We reverse and remand for a new trial.

FACTS

Appellant was charged with second degree burglary for a break-in occurring at Tartan High School in the early morning hours of May 26, 1986. Oakdale police officers Glen Miller and Michael Marx responded to a silent burglary alarm at 12:50 a.m., and found an open door on the outside of the building but…