Smith v. State

OPINION

LESLIE, Judge.

Gregory Allen Smith was convicted of third degree murder in 1981. Because his crime took place before the sentencing guidelines were effective, he was sentenced to an indeterminate sentence of one to twenty five years, with a target release date in 1991. Smith brought a motion for resentencing which was denied because the trial court felt that he had not met his burden of proving that his earlier release would not present a danger to the public. We affirm.

FACTS

On January 6, 1979, at about 2:00 a.m., the appellant, then sixteen years old, and two friends met in Loring Park…