State v. Trog

AMDAHL, Chief Justice.

The sole issue on this sentencing appeal by the state pursuant to Minn.Stat. § 244.-11 (1980) is whether the district court erred in staying execution of sentence in a case in which the Sentencing Guidelines recommend execution of sentence. We hold that the district court did not err and we therefore affirm.

Defendant was charged with several offenses but reached an agreement with the prosecutor which permitted him to plead guilty to one offense, burglary with assault, Minn.Stat. § 609.58, subd. 2(l)(b) (1980), in exchange for the prosecutor’s agreeing to dismiss the…