State v. Fritsche

OPINION

CRIPPEN, Judge.

This appeal questions whether the trial court properly revoked its stay of imposition of a sentence and, if so, whether its subsequent stay of an executed sentence could extend the term of court authority over appellant beyond the statutory five-year maximum sentence for his offense. We reverse on both questions.

FACTS

In March 1981, appellant violated the state statute on aggravated criminal property damage (over $300), Minn.Stat. § 609.-595, subd. 1(3) (1980). The statute permitted a sentence of imprisonment for not more than five years.

Appellant pleaded guilty when…