Headbird v. State

OPINION

HUSPENI, Judge.

Appellant Randy Headbird contends that his conduct does not constitute the crime of escape from custody. Headbird also contends that the trial court erred in refusing to depart downward from the presumptive sentence under the Minnesota Sentencing Guidelines. We affirm.

FACTS

On July 7, 1981, Headbird was convicted of third degree assault in Cass County District Court. Execution of his 32-month sentence was stayed and he was placed on probation for three years.

Headbird repeatedly violated the terms of his probation. On May 18, 1983, he was convicted of an open bottle…